RAM DAS Vs. PARMANANDGIR

JUDGEMENT

(1.) This is an appeal by the plaintiff under Section 10, Letters Patent Act, and arises out of a suit for redemption of a mortgage which was created under a registered instrument dated 30 December 1895.

(2.) Sheobalak, Sheoratan, Ranjit Ram and Bhagwati Prasad were members of a joint Hindu family and owned a zamindari share consisting of 1 anna 15 gandas in mauza Tingrahi. This zamindari share included certain sir plots having an area of 6 bighas 16 biswas. On 20 July 1867 Sheobalak and Sheoratan made a usufructuary mortgage of the zamindari share referred to above (but not the sir lands appertaining to the zamindari) in favour of Mahipal and Sheo Bandhan. On 30 December 1895 Sheobalak and Mt. Ananti who was the. widow of Sheoratan and mother and guardian of Rajit Ram, Bhagwati Prasad and Mt. Atasi executed a usufructuary mortgage of the entire sir lands in favour of Ram Chandra Das for Rs. 140.

(3.) Under a sale deed dated 20 January 1900 the mortgagees of the zamindari share assigned their rights and interests to Ram Dass, the plaintiff-appellant. On 20 March 1910, Bhikam Chand and Gokul Chand, sons of Ram Chandra Das sold their mortgagee rights in the sir plots together with some other properties to Mahant Anand Gir who was the spiritual preceptor of the defendant Parmanand Gir.