JAN MOHAMMAD Vs. R B KARM CHAND

JUDGEMENT

(1.) These are Consolidated Appeals by the plaintiff, defendants 4 to 8, and Mohib Ali, a transferee from defendants 13 and 14, from the judgment and decrees dated 29-5-1941 of the Court of the Judicial Commissioner North-West Frontier Province, Peshawar, varying the judgment and decree dated 31-10-1939, of the Court of the District Judge, Peshawar, which in turn varied a judgment and decree dated 3-12-1938, of the Senior Subordinate Judge, Peshawar, as a result of which the plaintiff and defendants 13 and 14, were givendecrees for the redemption in specified "sharesinthepropertyindisputewiththeexceptionofthesiteleasedbygovernmenttoParmaNand (fatherofdefendants4to8)in1934," on payment of specified sums of money.

(2.) The appeals arise out of a suit for the redemption of mortgages executed by a Muhammadan Chaudhri Nathu. Broadly stated, the questions arising for determination relate to who are the representatives of the mortgagor, he being dead, entitled to redeem the property; whether the property is liable to be redeemed at all; what is the extent of the interests of the representative in the property to be redeemed; and whether the Cinema built on the site 'excepted' by the decree, by the father of defendants 4 to 8, should not be delivered to the plaintiff.

(3.) The facts of the case are somewhat complicated, but for the purposes of these appeals may be briefly stated as follows: - On 27-3-1884, Chaudhri Nathu executed a mortgage with possession of the suit property described below, in favour of one Lorinda Mal, the grandfather of defendants 4 to 8. He executed further mortgages of the same property in favour of Lorinda Mal for Rs. 500, and for Rs. 1000, carrying interest at 15 per cent, per annum on 1-5-1884, and 8-8-1886, respectively.