SHEODARAHAN SINGH Vs. BENI CHAUDHARI

JUDGEMENT

(1.) The facts of this case briefly are these : The original plaintiff who is the appellant before this Court, viz., Sheodarshan Singh brought a suit for redemption in the Court of the Munsif of Ballia. He obtained a decree on the 22nd April, 1919, on condition of payment of Rs. 1,747-8-6 for principal mortgage money and interest and Rs. 69-2-0 costs. In all he was declared entitled to obtain possession of the property on payment of Rs. 1,81610-6. This sum was deposited in Court. The mortgagees however did not acquiesce in this decree and appealed. In the meanwhile the final decree wag prepared on the 26 of June, 1919, in accordance with the preliminary decree passed by the first Court. The plaintiff obtained delivery of possession on the 15 of July, 1919. The appellate Court by its decree dated the 2nd of December, 1920, varied the decree of the Court of first instance and the main question to be decided in this appeal is what is the true interpretation of that decree.

(2.) The appellate Court directed that a further sum ought to be paid to the defendants in the case and extended the time for payment up to the 2nd of March, 1921. Within this period, it is common ground, a farther sum of Rs. 175 was paid by the plaintiff. The question is whether he ought to have paid as a condition precedent to his obtaining delivery of possession a further sum of Rs. 45-6-0.

(3.) The defendants alleging that the total sum payable to them had not been paid within the time allowed by the Court of appeal came to the Court asking for re- delivery of possession to them and they also asked for mesne profits. Possession has not so far been re-delivered to the mortgagees. But they have been awarded Rs. 800 as mesne profits for two years. This period of two years is the period between the 15 of July, 1919, the date of the delivery of possession and the 18 of June, 1921, the date of the defendants application for restitution.