SHANKAR DIN Vs. MUNSHI GOKUL PRASAD

JUDGEMENT

(1.) The sole question for determination in this appeal is whether the plaintiffs are entitled in this action to a decree for redemption in respect of certain property mortgaged so long ago as 1846 by their ancestor Ahlad Singh to one Daryao Singh, whom the defendants represent.

(2.) The suit was brought in the Court of the Munsif of Biswan In the Province of Oudh in respect of two villages, Piprie and Gathia. This officer dismissed the claim in respect of Gather for failure on the part of the plaintiffs to serve sufficient notice on the Court of Wards, who held the village for one of the defendants. But he made a decree for redemption in respect Of Pipri, and his decision was affirmed on the appeal of the defendants by the Subordinate Judge. On second appeal to the Court of the Judicial Commissioner of Oudh this decree has been reversed and the suit dismissed with costs. The present proceedings refer only to Piprie.

(3.) The plaintiffs have appealed to His Majesty in Council, and their main contention before this Board is that, having regard to the admitted position of the parties as mortgagors and mortgagees, the learned Judges have taken a wrong view of their relative rights.