DEO NARAIN Vs. BHOLA SINGH

JUDGEMENT

(1.) This appeal arises out of a suit brought by the plaintiff appellant for redemption of three mortgages two of 3 February 1916 and a third dated 10th August 1918, executed by defendants 10 and 11 in favour of defendant 1 for Rs. 1,100, 300 and 500, respectively. One of the conditions agreed on was that the mortgagors would not be at liberty to redeem within 54 years. The equity of redemption subsequently passed to the plaintiff by a deed dated 9bh August 1919. The present suit was brought on 30 January 1925 for redemption in disregard of the terms of 54 years already referred to.

(2.) The pleas in defence, which it is necessary to mention for the purpose of this appeal, were: (1) That the suit was premature, and (2) that the mortgagee, not having performed his part of the contract, in that he failed to pay a sum of Rs. 75 to a prior mortgagee, as he ought to have done in terms of the mortgage deed, is not entitled to insist on the term of 54 years stipulated in the mortgage deed.

(3.) Both the lower Courts have dismissed the suit, holding against the plaintiff- appellant on both the grounds referred to above.