HARI RAM Vs. NATHI

JUDGEMENT

(1.) THIS is an application for review of a judgment of a Division Bench of this Court. The facts, which have given riae to this application, are these. A suit had been brought by Hari Ram and his eon, Sukanraj, for redemption of a mortgage, against Mohan Lal and Mt. Nathi. Mohan Lal was the original mortgagee, while Mt. Nathi was the person in possession of the house to be redeemed at the time the suit was filed. The case of the applicants was that Mt. Nathi was merely a sub-mortgagee, and they were, therefore, entitled to possession from her. Mt. Nathi's case, on the other hand, was that the house had been sold orally by Hari Ram to the original mortgagee, Mohan Lal, and thereafter Mohan Lal had mortgaged the house to her, and later made a sale deed in her favour. As such, she claimed to be the owner of the house.

(2.) THE trial Court framed as many as ten issues, of which two, namely, issues NOS. 1 and 6, are relevant for present purposes. THE first issue was : " Whether the plaintiff Hariram as manager of the joint Hindu family sold the house in dispute to the defendant No. 1 for the benefit of the family in Sawan Samwat 1992?" THE sixth issue was "whether the plaintiffs paid interest up to the end of samwat 1995?" THE trial Court found that Hari Ram had not sold the house to Mohan Lal. It also found that the plaintiffs had paid interest up to the end of Samwat 1995. Eventually it decreed the suit.