JAGO DEVI Vs. WIDOW NAME NOT KNOWN

JUDGEMENT

(1.) This second appeal is by the defendants second party against a judgment of affirmance in suit for redemption.

(2.) The plaintiffs brought a suit for redemption of the mortgage bond dt. 24-6-1921 alleged to have been executed by the ancestors of the plaintiffs in favour of defendants second party. According to the plaintiffs, Anant Lal and his brothers (ancestors of the plaintiffs) had executed a usufructuary mortgage bond for a consideration of Rs. 1350/- on 24-6-1921 in favour of Rup Narain Pathak (defendant 1st party) who was put in possession over the mortgage property i.e. the lands covered by Schedule No. 1 of the plaint. According to the plaintiffs, there was some dispute between the families of the plaintiffs and defendants regarding the lands and the matter was referred to arbitration. The arbitrator gave an award on 16-3-1915 and, according to the plaintiffs, by virtue of that award an area of 13 acres 1 decimal as described in Schedule 1 of the plaint remained with the plaintiff family and the remaining lands, though recorded in the names of Anant Lal Singh and other (ancestors of the plaintiffs), were adjudged by the Punches to belong to the family of the defendants and the parties accordingly came and continued in possession. The case of the plaintiffs was that they tendered the sudbharna money to defendants first party on 30th Baisakh 1867 Fasli, but the sudbharnadars refused to accept the amount which necessitated the filing of the present suit.

(3.) The defendants first party, the alleged sudbharnadars did not enter appearance in this suit and the suit was contested only by the defendants second party (hereinafter referred to as the 'contesting defendants').