BANARSI DAS Vs. SHEODARSHAN DAS SHASTRI

JUDGEMENT

(1.) The suit out of which this appeal and the connected Appeal No. 317 of 1915 arise, was brought to enforce a mortgage-deed of the 10th of January 1881. The property hypothecated was the equity of redemption in a revenue-free grant in village Gadaya Latifpur and 500 bighas of revenue-free land in another village called Khankara. It is recited in the deed itself that the latter of these two properties was already mortgaged with possession to the same mortgagees under a deed of the 15th of June 1866. Part of the consideration of the simple mortgage now in suit was the redemption of this older usufructuary mortgage on the land in village Khankara. Out of the total consideration of Rs. 10,80 for the deed in suit a sum of Rs. 7,184 was calculated as due on the usufructuary mortgage of the 15th of June 1866, and was set apart for the redemption of the said mortgage. One effect, therefore, of the deed in suit was that the mortgagors became entitled to re-enter into possession of the land in village Khankara, which had hitherto been in the possession and enjoyment of their mortgagees. It, is further stated in the deed in suit that the revenue-free grant in village Gadaya Latifpur was also mortgaged with possession to the same mortgagees under a deed of the 18th of October 1865. It is only the equity of redemption which is hypothecated under the deed in suit. It is admitted that this mortgage of the 18th of October 1865 has never been redeemed. The relief sought in the present suit is to bring to sale the equity of redemption in respect of the revenue-free grant in village Gadaya Latif- pur and the entire right, title and interest of the mortgagors in respect of the land in village Khankara. The mortgagors under the deed are as follows:

(2.) 1. Mahant Lachman Das, disciple of Mahant Hari Das.

(3.) 2. Khubi Ram and Ram Ratan, sons of Gulab Das.