MANGILAL Vs. GENDMAL

JUDGEMENT

(1.) THIS is a second appeal by the plaintiff Mangilal in a suit for redemption.

(2.) THE plaintiff Mangilal and his father Manakchand now deceased brought a suit against the contesting defendant Gendmal and certain others on the 24th June, 1950, in the court of the Civil Judge, Pratapgarh, on the allegations that Manakchand had made a mortgage of his residential house, in the town of Pratapgarh. in favour of the defendant Gendmal for a sum of Rs. 500/- by a registered document, dated the 1st November, 1938, that the mortgage was of the pure usufructuary type, and that one of the conditions thereof was that the mortgagor would not be entitled to redeem it before eleven years from the date of the mortgage. THE plaintiffs further disclosed that the suit house was under the possession of defendant No. 2, Chandkaran who was sub-mortgagee from defendant No. 1 under a document, dated the 26th June, 1952. It was further stated that the limit of eleven years had expired on the 31st October, 1949, and that thereafter the plaintiffs gave a notice on the 25th April, 1950 to defendant No. 1 Gendmal to return the suit house on receipt of the mortgage money but the latter declined to do so by his notice, dated the 3rd May, 1950, and, therefore, the plaintiffs were compelled to institute their suit for redemption on payment of the mortgage money. It is convenient to mention here that the plaintiff Manakchand had filed a suit for redemption of this very house sometime in 1948 but that suit was dismissed as being premature in 1950. Obviously as at the time the suit was brought in 1948, the 11 years' limit for redemption had not expired.