CHAMPA LAL Vs. RUPAN SINGH; MUSAMMAT BAGESRA

JUDGEMENT

(1.) This appeal arises out of a suit for redemption of a mortgage of a house in the city of Benares made to secure payment of sum Rs. 400. While in possession of the property the mortgagee, who is the appellant before us, built a pacca room in place of a kachcha room that had fallen down and over the new room he built a second storey and he put up a pacca stair case to communicate with the upper storey. The new ground floor room cost Rs. 147-6-0, the upper room cost Rs. 113 and the stair case cost Rs. 46-8-6. The mortgagee claims to be entitled to these three sums upon redemption of the mortgage, also to a small sum paid by him for taxes. The first court disallowed the mortgagee s claim to these sums and gave the plaintiff respondent a decree for redemption on payment of Rs. 400 only.

(2.) On appeal the District Judge allowed the cost of the ground floor room but disallowed the other items. The mortgagee has appealed to this Court regarding the items disallowed and there is a cross-objection regarding the cost of the ground floor room.

(3.) Taking the cross-objection first, we think that the District Judge was clearly right in allowing the cost of the new room on the ground floor. The original room had fallen down and the mortgagee was entitled to rebuild it, otherwise the house would have become uninhabitable. We think that this item is covered by Section 72(b) of the Transfer of Property Act as an expense properly incurred for the preservation of the property. We cannot agree with the argument of the plaintiff respondent that the mortgagee was bound to rebuild the room with kachcha materials. He was entitled to rebuild it in a more substantial manner and so as to avoid constant expense over" repairs and we do not think that the sum spent on the work is excessive.