TULSHI RAM SAHU Vs. GUR DAYAL SINGH

JUDGEMENT

(1.) The plaintiffs are zamindars of the village of Karmanpur in the District of Ballia. There is a small cultivatory holding, which was held from the plaintiffs by one Ram Dhyan as a tenant at fixed rates, In the year 1870, he executed a usufructuary mortgage of this holding in favour of the respondents which contained a provision for redemption in any Jeth. Ram Dhyan is said to have disappeared a number of years ago, and according to the plaintiff, he has not been heard of for more than seven years and must be presumed to have died. It is also alleged that he died without heirs. The plaintiffs instituted the suit for redemption of the usufructuary mortgage out of which this appeal has arisen. The right of the plaintiffs to redeem is contested and the defendants further allege that Ram Dhyan is alive.

(2.) The lower appellate Court held, relying upon the decision of a Bench of this Court in the case of Ram Dihal Rai V/s. The Maharaja of Vizianagram 30 A. 488 : A.W.N. (1908) 210 : 5 A.L.J. 578, that the plaintiffs had no interest in the equity of redemption of the property and could not maintain a suit for redemption.

(3.) A second appeal was preferred to this Court and the learned Judge before whom it came for disposal dismissed it.