HARNATH SINGH Vs. MAIYA AMBIKA DEVI

JUDGEMENT

(1.) This is an appeal by defendant 5 against a decision of the learned subordinate Judge, dated 29 September 1937, by which he decreed the suit instituted by the plaintiffs in part.

(2.) The suit was instituted for recovery of possession of property covered by Ex. 3 styled as a rehan deed by the mortgagor (defendant l) in favour of the plaintiffs and another on 6 June 1933. The document was executed on taking an advance of Rs. 13,000. It was stipulated that defendant 1 was to remain in possession for a certain period and to pay certain amount of interest on the sum advanced. It was also stipulated in the document that if the entire amount was not paid in Jeth 1341 F. this document will be operative till 1350 P. at the expiry of which period, namely 1350 F, defendant 1 will be entitled to repay the entire amount to the plaintiffs who will then have to deliver up possession to the executant.

(3.) In case the amount was not paid, the plaintiffs would remain in possession until satisfaction of the sum advanced. On 10 April 1985, the interest of defendant 1 was sold in execution of some decree and purchased by the appellant. The plaintiffs have never obtained possession of the lands since the execution of the deed of 6 June 1933.