MUZAFFAR ALI KHAN Vs. PARBATI

JUDGEMENT

(1.) This appeal arises out of a suit for redemption of a mortgage, dated the 28th of January 1846. We think it well to begin by explaining the array of parties. Plaintiffs Nos. 1 and 2 are purchasers to the extent of a moiety of the equity of redemption of mauza Lohari from the heirs of the original mortgagor. Plaintiffs 3 and 4 are the heirs of the original mortgagor and are interested [in the remaining moiety. The defendants are the heirs of the mortgagees. The following genealogical tree will explain the relationships of the parties:

(2.) The plaintiffs allege that Mahdi Ali was the owner of mauza Lohari, 2/3rds of which was his ancestral property, and the remaining 1/3 he had inherited from Musammat Hingia. He mortgaged 1/3 to Sita Ram and Sheo Lal, who, together with Baldeo Sahai, the son of Sheo Lal, constituted a joint Hindu family at the time of the mortgage.

(3.) The mortgage, which was a usufructuary one for a sum of Rs. 4,000, was for a term of tea years. On the death of Mahdi Ali, who was a Shia Muhammadan, his wife, Ashraf-ul-nissa, being childless, did not inherit any portion of her husband's estate.