MUNAWAR ALI Vs. JAGMILAN RAM

JUDGEMENT

(1.) This is a plaintiff's appeal and arises out of a suit for redemption of a mortgage, dated the 29 of July 1862, executed by Mt. Ulfat Bibi, predecessor-in- title of the plaintiff in favour of Sabut Kunwar and Ram Phal Kunwar, predecessors-in-interest of the defendants, first party.

(2.) By the said mortgage Houses Nos. 80 and 148, situate in the town of Saidpur were mortgaged for a sum of Rs. 340. The plaintiff's case was that the principal mortgage-money, together with interest thereon at the stipulated rate, had been satisfied from the rent of the houses mortgaged, and as such the plaintiff was entitled to a decree for redemption of the said mortgage without payment of any amount, and was over and above that entitled to a decree for the surplus amount that may have been realised by the persons in possession of the mortgaged property after liquidation of the mortgage-debt.

(3.) It is common ground that Defendant No. 4 was in possession of House No. 80 and Defendants Nos. 5, 6 and 7 were in possession of House No, 148 from a time long before the institution of the suit, and the plaintiff's case was that the said defendants were in possession as sub-mortgagees, and the original mortgage-debt having been satisfied, they were not entitled to resist the suit for redemption. The suit was contested by Defendants Nos. 1 to 3, the successors-in-interest of the mortgagees, and by Defendants Nos. 5. and 6 and Defendant No. 4. I am not concerned with the defence of Defendants Nos. 1 to 3 in the present appeal.