JHANDA SINGH Vs. SHEIKH WAHED-UD-DIN

JUDGEMENT

(1.) This appeal arises out of a suit for redemption of an alleged mortgage. The Court of first instance dismissed the suit. The plaintiff appealed, and the appeal coming before a Bench of this Court, consisting of the Hon ble the Chief Justice and the Hon ble Mr. Justice Banerji, the learned Judges differed, hence the present appeal under the Letters Patent.

(2.) The facts appear very fully from the judgments of our learned brothers, and it is only necessary very shortly to refer to them.

(3.) On the 29th of August 1852, the predecessors in title of the plaintiff executed a deed in favour of the predecessors in title of the defendants. This document, on the face of it, was an out and out transfer by way of sale of the properties now sought to be redeemed.