JAGNARAIN KUNBI Vs. GAYA KUNBI

JUDGEMENT

(1.) THIS is a letters patent appeal by the defendants against a decree for redemption of the mortgage held by the defendants as mortgagees on a certain occupancy holding. The defendants claim that the plaintiffs are not entitled to redeem this mortgage. The original mortgage was executed on Chait Sudi 13, 1894 for Rs. 199 by Ahlad in favour of Bhukhan and Prithi. Bhukhan and Prithi are the ancestors of the defendants. It is found as a fact by the lower appeallate Court that Ahlad is a collateral of the plaintiffs but that the plaintiffs did not share in cultivation of Ahlad. On the death of Ahlad the zamindar accepted the plaintiffs as his successors in the occupancy holding and in a suit for enhancement of the rent of this holding in 1915 the zamindars made defendants as mortgagees and plaintiffs as mortgagors parties to the suit. We are of opinion that when zamindar accepted the plaintiffs as successors to Ahlad in this occupancy tenancy the plaintiffs did in fact succeed to Ahlad and it is not open to the defendants as mortgagees to claim that succession should be set aside. The relation of landlord and tenant is defined by Section 4. Act 2 of 1901 as a contract between the landholder and the tenant.

(2.) ACCORDINGLY we consider that the point raised by this appeal has no force and we dismiss this letters patent appeal with costs.