JAGDEO SINGH Vs. RAMBILASH SINGH

JUDGEMENT

(1.) This appeal on behalf of the defendants-first party is directed against the judgment and decree, dated 30th December 1945, passed by the learned Subordinate Judge of Muzaffarpur confirming those of the Munsif of Sitamarhi in a suit for redemption.

(2.) It appears that, by virtue of a usufructuary mortgage bond dated, 25th October 1933 (EX. A-5), the defendants-second party mortgaged portions of the land in dispute to the defendants-first-party, securing a sum of Rs. 1,250. Out of that sum, Rs. 520 was paid in cash to the mortgagors, and Rs. 730 was left in deposit with the mortgagees to redeem two previous mortgage bonds of one Aklu Sabu, one for Rs. 260 and the other for Rs. 67, as also to pay RS. 413 to a third party in respect of a decretal debt. The document provided further that the money will become payable in the month of baisakh 1346 Fasli on the expiry of the term of six years, for which the mortgagees were put in possession of the property. The rehan deed contained the further stipulations in these terms:

(3.) The plaintiffs-respondents are the purchasers from the defendants-second party of portions of the mortgaged property by virtue of two sale-deeds of the year 1943. The plaintiffs deposited Rs. 1,250 the principal sum secured by the mortgage bond of the year 1933 aforesaid, in Court under Section 83, T. P. Act. They have instituted the suit for redemption of the portion of the mortgaged property purchased by them, and for mesne profits for 1360 Fasli, the year previous to the date of the institution of the suit (24th August 1943) as also for future mesne profits.