GAYA PRASAD Vs. BANSIDHAR

JUDGEMENT

(1.) This is an appeal from a decree of the Subordinate Judge of Mainpuri, passed in favour of the plaintiff, Gaya Prasad. The suit was brought for foreclosure of the village Patara in the district of Mainpuri under a mortgage by way of conditional sale, without giving the mortgagor and puisne mortgagees an opportunity of redeeming, and in the alternative, for foreclosure giving a right of redemption to some of the defendants, and also claiming, in case a decree for foreclosure should not be granted, recovery from the defendant, Bansidhar, of a sum of Rs. 7,646-8- 0 and interest.

(2.) The Subordinate Judge gave a decree for foreclosure.

(3.) The facts are shortly as follows: On the 20 of July, 1889, one Chaudhri Fateh Chand executed a mortgage by conditional sale of the village Patara in favour of the appellant and of one Kunj Bihari Lal to secure repayment of a sum of Rs. 7,101 and interest.