BISHWANATH RAUT Vs. BABU RAM RATAN SINGH

JUDGEMENT

(1.) This appeal by defendants 1 to 3 is directed against the judgment and decree passed by the Additional Subordinate Judge, 4th Court, Saran, reversing those of the Additional Munsif, 1st Court, Siwan.

(2.) The plaintiff instituted the present suit for redemption of the usufructuary mortgage bond dated the llth October, 1933, executed by Dharichah Rai in favour of defendants 1 and 2 in respect of 1 bigha 2 kathas of land appertaining to khata No. 8 village Hariharpur Lalgarh, district Saran. The plaintiff further prayed for a declaration that the deed of gift dated the 13th June, 1944, alleged to have been executed by Dharichhan Rai in favour of his daughter Ramratia, defendant No. 3, was ante-dated and in effective in law. The plaintiff had also claimed mesne profits the account of which was set out at the foot of the plaint.

(3.) The case of the plaintiff was that Dharichhan Rai sold to him the properties in suit by means of a registered sale deed dated the 24th August, 1944, which was registered compulsorily on the 23rd December, 1044. After the registration of the deed of sale the plaintiff tendered the rehan money to defendants 1 and 2 but they refuged to accept the same. He thereafter deposited the money in accordance, with the provisions of section 83 of the Transfer of Property Act and instituted the present suit. His case further was that the alleged deed of gift in favour of Mt. Ramratia, defendant No. 3, had been brought into existence by antedating the same in order to harm the cause of the plaintiff. He asserted that he had every right to redeem the rehan.