MAHAMMED ISMAIL Vs. SHARFATULLAH

JUDGEMENT

(1.) This appeal is by the plaintiffs and arises out of a suit brought by them for redemption and after redemption for recovery of possession of the mortgaged property. The facts shortly stated are these:

(2.) It appears that the predecessors of the plaintiffs gave a mortgage or the properties in suit in favour of the predecessors of defendants Nos. 1 to 12. The plaintiffs alleged that the mortgage was an usufructuary mortgage and that under the conditions of that mortgage the mortgagees were to enjoy possession of the properties in lieu of interest and that the mortgage would be redeemable on payment of the principal money which was a sum of Rs. 188. It is not stated that there was any date fixed for the re-payment of the money and as it would appear later on no such date was fixed at the time of the original mortgage transaction. The plaintiffs now want to redeem the mortgage of 1854 on payment of the principal amount which was paid under the mortgage. It was further alleged by the plaintiffs that in the year 1855 a suit was brought by the mortgagee and that suit was non-suited. Nothing came out of those proceedings. Then the mortgagees brought a suit for possession of the mortgaged properties in the year 1859 and that suit terminated in a decree for possession in favour of the mortgagees as mortgagees. That decree was passed in 1860.

(3.) The present suit was brought on the 12 September 1919. This suit was brought not only against the representatives of the original mortgagees defendants Nos 1 to 12 but against a number of other defendants, who, according to the plaintiffs were in possession of a part of the mortgaged property as purchasers from the mortgagees.