BOHRA THAKUR DAS Vs. COLLECTOR OF ALIGARH

JUDGEMENT

(1.) These two appeals, which have been consolidated by an Order of His Majesty in Council, arise out of a suit for redemption brought by the appellants in the Court of the Subordinate Judge of Aligarh in the United Provinces.

(2.) The property in suit, a six biswa share of Mauza Agrana, was, with an eleven biswa share of Mauza Kachaura, mortgaged in January, 1870, by a Mr. William L. Gardiner to one Bakhshi Nand Kishore, since deceased, for a sum of Rs. 5,000. Under the terms of the mortgage the mortgagee was to have possession of the mortgaged properties, realise the rents and profits and pay therewith the Government revenue which was separately assessed on the two shares. Out of the balance he was to retain Rs. 600 for the interest on the loan and pay the mortgagor a yearly sum of Rs. 2,400 as malikana or proprietor's allowance. In view of settlement proceedings in progress at the time, the deed further provided that "if at the recent settlement the government revenue, which is paid at present, is enhanced or decreased to some extent, I [meaning the mortgagor] shall be entitled and liable for it, and mortgagee shall have nothing to do with it."

(3.) As a matter of fact, the revenue respectively assessed on the two properties was enhanced, in the case of Kachaura by Rs. 895; in that of Agrana by Rs. 469.