KRISHNA BEHARI LALL Vs. KEDAR NATH OJHA

JUDGEMENT

(1.) THE plaintiff is the appellant, and the appeal arises out of a suit to set aside a mortgage decree and the sale held in execution of the decree. THE plaintiff is the son of one Ragho Lal and the grandson of one Deosaran Lal. Deosaran Lal had executed a simple mortgage bond for a consideration of Rs. 697/- in favour of the defendants-first party on 29th April 1923, and he died in 1333 Fasli leaving surviving him his son Ragho Lal and his grandson Krishna Behari Lal, the present plaintiff. Ragho Lal had become lunatic, and his wife, Ramdhari Kuer, had been appointed his guardian. Ragho Lal left his home in the year 1933, and since then nothing has been heard about him, and he has been taken as dead.

(2.) THE mortgage was with regard to 9 bighas, 19 kathas 1 dhur of land of khata No. 1, and the suit to enforce this mortgage was instituted after the death of Deosaran Lal. On the 16th May 1936, a preliminary mortgage decree was passed in favour of the defendants-first party for realisation by sale of Rs. 1,245-7-9, This decree was made final on 21st August 1937, and it was executed in the year 1938. THE mortgaged property was sold in execution of the mortgage decree on 12th September 1949, for Rs. 1,486-5-9, and was purchased by the decree-holders, the defendants-first party. After their purchase the defendants-first party redeemed two rehans with regard to the property, the total value of which is said to be Rs. 6,935/-.

(3.) THIS appeal is absolutely without any merit, &, therefore, I think it would be more convenient if I dispose of first the questions of law raised by Mr. K.C. Sanyal on behalf of the appellant.