AKBAR HUSAIN Vs. SHAH AHSANUL HAQ

JUDGEMENT

(1.) This appeal arises out of a suit for redemption instituted by respondent 1 on 15 July 1927 to redeem a usufructuary mortgage in favour of the appellant, executed by respondent 2, Ahmad Ali, on 14 June 1923.

(2.) As originally framed, the suit was a suit for redemption based on the simple ground that mortgage money had become payable and there should be a redemption. In the lower appellate Court another ground was taken, namely that there had been a breach of contract by the appellant, and therefore redemption should be allowed, although the term had not expired. The learned Subordinate Judge decreed the suit on both the grounds though the learned Munsif had decreed the suit on the first ground alone.

(3.) The facts are briefly these : Ahmad Ali, the mortgagor, made two simple mortgages, one in favour of one Abdur Rahman for a sura of Rs. 240, and the other in favour of Khan Bahadur Saiyid Mubarak Husain for a sum of Rs. 410 on 8 January 1921. The first mortgage money was payable without interest by instalments of Rs. 20 a year, the instalments being payable on 1 July 1921 and in subsequent years. The money due to Khan Bahadur Saiyid Mubarak Husain was payable by instalments of Rs. 30 each on 1 July of every year commencing with 1921. Ahmad Ali executed a third simple mortgage in favour of one Munni Lal on 16 September 1922 for a sum of Rs. 200.