NARAIN Vs. JAGAN

JUDGEMENT

(1.) This appeal arises out of a suit for redemption. The plaintiff is the son of Parothan, who had a brother Angnu, and Angnu's son was Manogi. The plaintiff- respondent came to Court on the allegation that 24 to 25 years before the institution of this suit his father and Angnu mortgaged the property in suit, which is a plot of occupancy holding with a small area of 37 acres, in favour of the appellant's father Bodh Ahir for a sum of Rs. 20.

(2.) The defence was that the original mortgage was one dated 1 Sawan on the dark side 1295 Fasli, for Rs. 23-8. But subsequently the two mortgagors and Angnu's son Manogi sold the mortgagors rights in the plot for a sum of Rs. 55-8 to Bodh Ahir. The result was that since the execution of this deed on 29 June 1899, Bodh Ahir and after him his son and grandson have been in adverse possession of the land and no suit for redemption could be maintained. They also plead that if on a proper construction of the deed of 1899 the Court should find that it was really a deed of mortgage, then the period for redemption fixed by the deed was sixty years and the suit was premature. The appellants, of course, denied that there did not exist any mortgage with the incidents alleged by the plaintiff.

(3.) The Court of first instance dismissed the suit but the learned Subordinate Judge on appeal has decreed redemption on condition of payment of Rs. 58-8.