SHIAM SARAN Vs. BANARSI DAS

JUDGEMENT

(1.) The suit out of which this appeal arises was for the redemption of a mortgage Of the 7 of July 1891, the debt secured by which amounted to Rs. 1,357.4 0. The plaintiff admitted that the integrity of the mortgage had been broken up and that the first three defendants, impleaded as the heirs of the original mortgagee, have a squired one-half of the equity of redemption. He asserted himself to be the owner of 7/8ths of the remaining half share in the equity of redemption and sued to redeem the mortgage in respect of the said half share, that is to say, so much of the mortgage as affected property of which the mortgagee had net become the owner. He impleaded in the array of defandants all persons who could possibly be regarded as having a claim to any share in the equity of redemption along with himself. The majority of the defendants so impleaded supported the plaintiff's claim and asked that his suit might be decreed as brought.

(2.) One defendant, by name Ehean Beg, who was admitted by the plaintiff to be the owner of the remaining 1/3 of the unre deemed half share in the mortgage, asked the Court to add him to the array of plaintiffs and to enable him to redeem in this very same suit his own 1/8 share. The Trial Court refused to do this and Ehean Beg has acquiesced in the decision against him. The Court of first instance gave the plaintiff a decree for redemption of one-half of the property originally mortgaged on payment of one half of the montgege debt, that is to say, Rs. 678 100.

(3.) The three defendants who were impleaded as heirs of the original mortgagee appealed to the Court of the District Judge, along with another defendant who claimed to have acquired by purchase from some of the heirs of the original mortgager a portion of the equity of redemption in the share sought to be redeemed.