NITYA GOPAL TEWARY Vs. RAMSASI ROY

JUDGEMENT

(1.) The question raised in the appeal is whether the plaintiff should be allowed to redeem in the present suit, which is one for recovery of possession, on a declaration that the mortgage- bond was fraudulent, collusive and without consideration and that the decree obtained, therefore, was also fraudulent and collusive.

(2.) It is found by the Courts below that the mortgage was not fraudulent and the suit was accordingly dismissed.

(3.) It is contended before us, as it was before the lower Appellate Court, that the plaintiff should be allowed to redeem in the present suit and in support of that contention the case of Bal Kishen Lal V/s. Topeswar Singh 14 Ind. Cas. 815 : 5 C.L.J. (SIC) 17 C.W.N. 219 is relied on.