NAGINA SAN Vs. SAGIR ALAM

JUDGEMENT

(1.) THIS second appeal arises out of the judgment and decree dated 29.5.1984 passed in Title appeal No. 109/8 of 1979/84 by the 3rd Additional Sub Judge, Siwan setting aside thereby the judgment and decree dated 21.5.1979 passed by the 3rd Additional Munsif, Siwan in Title Suit No. 395/203 of 1970/78.

(2.) THE suit was for redemption of mortgage deed with respect to three plots, bearing Plots No. 781, 789 and 790 of Khata No. 31 of village Barba measuring 10 Kathas 10 Dhurs on payment of Rs. 250/ , the consideration amount and for recovery of possession from the defendant No. 1 appellant in the Court below as well as from the defendant/respondent second party in the Court below with costs and any other relief.

(3.) THE case of respondent No. 2 is that the suit land belonged to Babban Parvat and his brother Brahmdeo Parvat who mortgaged it to Ish Mohammed and put him in possession as mortgagee. Thereafter, lsh Mohammed sold the mortgage on 1.4.1937 in favour of Sadique Mian and his heirs have been coming in possession and the plaintiff has no right of redemption. It was also pleaded that the suit is barred by limitation as it suffers from defect of parties.