RAM GANESH RAI Vs. BRUP NARAIN RAI

JUDGEMENT

(1.) This is an appeal in a suit for redemption of a mortgage. The suit has been decreed by both the Courts below. The defendant appeals on the following grounds: 1. That the Court below should have come to a finding on the title of the plaintiffs.

(2.) That the suit is premature and that the mortgage was not redeemable until the Full Moon of Jeth in Sambat year 2039 corresponding to 1982 A.D.

(3.) That the suit is barred by Section 238(k) of the Land Revenue Act.