RAM SARUP AHIR Vs. NAGESHWAR TEWARI

JUDGEMENT

(1.) This is an appeal by the plaintiff against the judgment of a learned single Judge of this Court dismissing the suit of the plaintiff for redemption on the ground that the suit is premature. There were four usufructuary mortgages of four separate plots of fixed rate tenancy made by the plaintiff's predecessor in favour of the defendant, all the mortgage deeds being executed in the year 1904. The deeds all contained the clause which was as follows: Bebilwafa miadi 45 sal pass mahajan mazkur ke karke iqrar Karta hun... jam miad par hul asl mundarja wasiqa haza yakmusht ada karen tab arazi marhuna takkerahu kara lewen wa aqar miad muaiyanb par kul rupea yakmusht ada na karen tab araza marhuny bad 45 sal ke be kamil hojawe.

(2.) The suit for redemption was brought in the year 1924. The learned counsel for the appellant argues that in general, under any mortgage by conditional sale, Section 58(c). T.P. Act, gives a right to redeem at any period prior to the certain date on which the sale shall become absolute. He endeavors to support this theory by reference to Mahomed Muzaffer Ali V/s. Ashref Ali [1914] 25 I.C. 93, We do not consider that the ruling is any authority for such a proposition.

(3.) We consider that unless the terms of the mortgage deed clearly state the contrary, the period for redemption and the period for foreclosure are to be considered the same.S. 62 lays down that at any time after the principal money has become payable, the mortgagee has a right to redeem. We consider that in the present mortgage deeds the mortgagor does not acquire the right to redeem until the period of 45 years has expired from the execution of the deeds. We would refer for this view of the law to a ruling of the Privy Council in Bakhtwar Begam v. Husaini Khanam A.I.R. 1914 P.C. 36.