MOHAMMAD SHER KHAN Vs. RAJA SETH SWAMI DAYAL

JUDGEMENT

(1.) These are consolidated appeals preferred by special leave of His Majesty in Council from two decrees dated the 9 February, 1915, and the 19 June, 1918, of the Court of the Judicial Commissioner of Oudh, which affirmed two decrees passed by the Subordinate Judge of Kheri on the 7 September, 1914, and the 17 April, 1916, in suits No. 234 of 1913 and No. 93 of 1915.

(2.) The question for determination is whether Mohammad Sher Khan, the mortgagor and appellant in both appeals, has a present right on payment of the mortgage money to redeem the mortgaged property. This has been decided adversely to him in both the lower Courts.

(3.) The mortgage is dated the 9 of June, 1908, and is Exhibit A. 36 on the record. The sum of Rs. 82,000 is recited to be due, and the mortgagor declares "Therefore I...do hereby mortgage for five years" the immoveable property there described. Then follow the terms.