JANANDAN RAI Vs. MANDEO RAI

JUDGEMENT

(1.) In this appeal, which has arisen from a suit for redemption of a usufructuary mortgage, the substantial questions of law formulated for decision, are as follows :

(2.) The relevant facts necessary for decision of the questions may briefly be stated as follows:The Respondents in this appeal, who were plaintiffs in the suit (appellants in the first appeal) had instituted the suit for redemption of mortgage after depositing the necessary mortgage money under Section 83 of the Transfer of Property Act. The suit related to redemption of usufructuary mortgage created by the mortgage deed (Ext. B) that had been executed on 7-8-1941, relating to 1 Bigha 13 kathas and 12 dhurs of land, by two widows - one Mostt. Maweshra Kuer and one Isara Kuer.

(3.) The respondents claim to have purchased the mortgaged land under a sale deed executed on 11-7-1964 from the successor-in-interest of Maweshra alias Masara Kuer, who was widow of Sital Pandey, one of the two sons of one Hari Pandey.