BALDEO RAI Vs. MAHADEO RAI

JUDGEMENT

(1.) S.A. Nos. 1257 and 1258 arise out of one and the same suit. Both parties appealed to the lower appellate court which partly decreed that of the plaintiffs and dismissed that of the defendants.

(2.) The latter have therefore filed two appeals.

(3.) The facts of the case are as follows: There were three sets of defendants to the suit. The appellants before us constitute the first set. The second set (Nakched Rai and Nageshar Rai), took a lease of property from the Maharaja of Benares (Defendant third set) and as security for the payment of the rent thereof, hypothecated two items of property, (a) certain zamindari property with an area of about 29 bighas and (b) a fixed rate tenure of area 6 bighas 9 biswas odd.