RAMBUJHAWAN PRASAD SINGH Vs. JUGAL SINGH

JUDGEMENT

(1.) This is an appeal by the Plaintiffs arising out of a suit for redemption. The suit has been dismissed by both the Courts below.

(2.) The relevant facts are these; There were two brothers, Bihari and Harihar. Bihari had a son and a grandson but both are dead. Harihar had a son Kashi, and Kashi had two sons, Pritam and Nouratan. Nouratan had a son named Birja, Harihar, Kashi and Nouratan are all dead.

(3.) Bihari had obtained some property from his father-in-law with whom he was once living as gharjamai. On the 5th May, 1916, Bihari executed a usufructuary mortgage deed in favour of the defendants for a consideration of Rs. 2400/-. The execution of this mortgage deed was by Bihari alone as he alone had been recorded in the survey khatian, After the death of Bihari, Harihar & Kashi & Nouratan all being dead, Pritam and Birja succeeded him. It has been found by the Court of appeal below that this was so. Then, on the 13th July, 1944, Pritam for self and as guardian of his minor nephew, Birja, sold the property, which had been the subject-matter of the mortgage bond of the year 1916, to the plaintiffs for a consideration of Rs. 4000/- by a deed of that date, and the plaintiffs undertook to pay off the mortgage debt under the document of the 5th May, 1916, to the mortgagees.