JAYANDRA PRASAD SINHA Vs. NAND KISHORE JHA

JUDGEMENT

(1.) This appeal by the plaintiff arises against a judgment of reversal. The suit was for realisation of hunda rent for the years 1334 and 1375 Fs. on the basis of Kabuliat dated 11-5-1949 with interest pendente lite and future. The plaintiff had purchased the mortgagee's interest from the heirs of one Ramdeo Prasad Singh, who had taken a usufructuary mortgage of 5 Bighas of land comprised in survey plots Nos. 503, 529 and 545 of village Jahangirpur, P. S. Sheohar in the district of Sitamarhi from Nand Kishore Jha and Dinesh Jha (Defendants-Respondents Nos. 1 and 4) on 11-5-1949 for Rs. 10,000/-. On the same date, i.e., 11-5-1949, the mortgagors (Nand Kishore Jha and Dinesh Jha) executed a Kabuliat in favour of the mortgagee agreeing to pay manhunda rent at the rate of 70 maunds, i.e., 43 maunds 30 seers of paddy and 26 maunds 10 seers of Khesari.

(2.) The heirs of Ramdeo Prasad Singh have been impleaded as pro forma defendants second-set/respondents second party in the present appeal.

(3.) The plaintiff-appellant obtained a decree by the trial Court and decree was to the tune of Rs. 2,945.50P. with interest pendente lite and future interest at the rate of 6 per cent per annum.