SARABDAWAN SINGH Vs. BIJAI SINGH

JUDGEMENT

(1.) This is an appeal in a suit brought for redemption of an usufructuary mortgage made on February 4th 1871 by the father of the respondent Bijai Singh in favour of Ramdin Singh, father of the four appellants.

(2.) The mortgage was for a term of 40 years and was to be redeemed on the day following the completion of that term, but if the mortgagor failed to redeem on that day the mortgage was to hold good for a second terms of 40 years. It was also provided that the mortgagor should not be entitled to redeem the mortgage with borrowed money.

(3.) The mortgage money was paid into Court under Section 83 of the Transfer of Property-Act on June 10th, 1911, but the appellants refused to accept it. The present suit was filed on September 9th, 1911.