BABU RAM DAS Vs. MAHANT PARMANAND GIR

JUDGEMENT

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

(2.) Sheobalak, Sheonarain, Rajit Ram and Bhagwati Prasad were members of a joint Hindu family and owned a zemindari share consisting of one anna 15 gandas in Mouza Tingrahi. This zemindari share included certain sir plots having an area of 6 bighas 16 biswas. On the 20 of July, 1867, Sheobalak and Sheoratan made a usufructuary mortgage of the zemindari share referred to above (but not the sir lands appertaining to the zemindari) in favour of Mahipal and Shoe Bandhan. On the 30 of December, 1895, Sheobalak and Musammat Ananti, who was the widow of Sheoratan and mother and guardian of Rajit Ram, Bhagwati Prasad and Musammat 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 the 20 of Jaunary, 1900 the mortgagees of zemindari share assigned their rights and interests to Ram Das, the plaintiff- appellant. On the 20 of 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.