JAGDEO MAHTON Vs. RAM BAHADUR SINGH

JUDGEMENT

(1.) This appeal by defendants Nos. 1, 2, 3 and 5 arises out of a suit for redemption and for recovery of possession with mesne profits over .38 acre of land in plot No. 361 and 1.60. acres of land in plot No. 362 appertaining to khata No. 33 in village Rampur Azraqba Amaitra, tauzi No. 8150.

(2.) Admittedly, Sheo Prasad Singh was the recorded tenant. On 11-7-1914, he executed a registered deed of sale in favour of one Narkhu Singh. On 8-4-1924, Narkhu Singh executed a usufructuary mortgage deed in favour of Moti Mahto in respect of both the plots. A genealogical table of the family of Moti Mahto is given below. <FRM>JUDGEMENT_457_AIR(PAT)_1959Html1.htm</FRM>

(3.) The case of the plaintiffs is that, in purchasing the two plots in question and in giving them an usufructuary mortgage to the joint family of Moti Mahto in the name of Moti, Narkhu Singh was their farzidar. Their, case further is that Wazir, the brother and only heir of Narkhu, executed a ladavi deed in their favour on 20-3-1948. Thereafter, they deposited the mortgage money on 4-6-1949, under Section 83 of the Transfer of Property Act; but the defendants refused to withdraw it and to deliver possession of the mortgaged plots to them, On these allegations, they instituted the present suit on the 18th May, 1950.