MT CHANDA BIBI Vs. MOHANRAM SAHU

JUDGEMENT

(1.) Brijbehari Lal, the adopted son, and Jaibehari Lal, the natural son of Kunjbehari Lal, sold to Mohan Ram and three brothers of his their moieties in 16 annas of mauza Misraulia and 14 annas of mauza Khurrhi by two sale-deeds of 25 June 1905. The vendors also executed an ekrarnama each at the same time guaranteeing a good title and quiet possession, and charging upon his half-share in mauza Gheora, tauzi No. 5310, pattis Nos. 1-3 and certain other properties (among which it is only necessary to mention a house in Arrah in respect of the ekrarnama of Jaibehari Lal) on failure of consideration that may occur in case of the purchasers dispossession, together with any costs and damages that they may incur in defending the title.

(2.) In 1918 one Mirza Ali Hussain Beg succeeded in dispossessing the purchasers from Khurrhi notwithstanding the opposition offered by them in the Courts. The purchasers, or rather the joint family of which they are members, thereupon brought the two suits, out of which these present appeals arise, for recovery of the money charged upon Gheora, the house in Arrah, and other properties. Jaibehari was upon his death succeeded by Brijbehari, who was impleaded as one of the defendants in both the suits. The appellant Mt. Chanda Bibi was also impleaded as a defendant in the two suits on the allegation that she was a subsequent purchaser of mauza Gheora. In the suit based on Jaibehari's ekrarnama Amir Chand and others were impleaded as defendants 2 to 6 on the allegation that they were subsequent purchasers of the house in Arrah.

(3.) Mt. Chanda Bibi, whose own purchase of mauza Gheora is dated 1911, set up in defence a usufructuary mortgage taken from the owners by one Srikishan as long ago as 1899. The lower Court held that this defence failed because her vendor Mahabir Chand, son of Srikishan, who had succeeded in 1909 to the mortgagor's interest in the property from his mother Mt. Dhana Bibi, the purchaser at a Court sale in execution of a money decree in 1908, "did not think of keeping alive the rehan right but extinguished it clearly."