SHIB NARAIN Vs. GAJADHAR

JUDGEMENT

(1.) This is a plaintiff's appeal. The suit was by one Shib Narain, who had purchased the rights of the mortgagor, for redemption of a usufructuary mortgage, dated 21 May 1864 made by Govind Prasad in favour of Chaudhri Behari Lal. This mortgage was for a sum of Rs. 500 and was admittedly a usufructuary mortgage. It had been followed by a second mortgage on 14th August 1864 for Rs. 200 in favour of the same mortgagee. It recited the first mortgage for Rs. 500 and further declared that the mortgagor should not be entitled to redeem without discharging the second loan also.

(2.) This was again followed by a third mortgage on 1 June 1867 in favour of the same mortgagee. It recited the prior total debt of Rs. 700; it referred to a subsequent "mashrut-ul-rahn" document for Rs. 200 which was being taken back (and with which we are no further concerned) and then said that Rs. 99 was being taken in cash and for this total Rs. 299 the mortgagor was executing this fresh mashrut-ul-rahn (the dead itself contains this description) document; and it was further declared that the executant would pay this Rs. 299 first before discharging the earlier debt, and would pay up all interest before taking possession.

(3.) These three mortgages we will refer to hereafter as the first, second and third mortgages.