LAXMI NARAIN Vs. MADANLAL

JUDGEMENT

(1.) THIS is an appeal by the plaintiffs in a suit for redemption and partition of property.

(2.) AS the counsel for the parties ate not disputing the findings of facts arrived at by the lower court and have raised contentions only in regard to the legal effect of these facts found by the lower court, we consider it unnecessary to refer in any great detail to the pleadings of the parties. It will be sufficient to state the facts as found by the trial court.

(3.) THE second controversy was in respect of the amount incurred by the mortgagees in connection with the repairs of the suit house. THE trial court has held that an amount of Rs. 500/- should be deemed to have been incurred in this connection. Mr. Prakash Chandra has challenged the finding. He submits that there is no legal evidence to prove the expenditure of Rs. 500/- by the mortgagees. It is true that there is no evidence consisting of vouchers and account-books, but considering the house and the period during which the house remained under mortgage, the trial court's conclusion that an amount of Rs. 500/- must have been spent in connection with the repairs cannot be said to be unreasonable and we do not see adequate justification for disturbing this finding.