MT RATAN DEI KUNWAR Vs. SHER SINGH

JUDGEMENT

(1.) F.A. No. 281 of 1924 and F.A. No. 232 of 1925 arise out of two separate suits Nos. 156 and 153 of 1922 respectively. These were suits brought by Ratan Dei Kunwar and by Kishan Kunwar and Bishun Kunwar for redemption of two separate villages, Lodhipur and Niamatullah Nagar. It is necessary to bear in mind that the suits were brought for redemption of single villages, although altogether 14 villages had been mortgaged under a deed dated 16 November 1869 by the plaintiffs predecessor, Sheo Raj Singh, to the defendants predecessor, Usman Khan, for a sum of Rs. 1,00,000. The mortgagee rights were transferred by the heirs of Usman Khan on 27 October 1889 to Darbari Mal and Nath Mal Das in this way that Darbari Mal was given 2/3rds share in the mortgagee rights and Sher Singh and his colleague were given 1/3 share. Sher Singh and this man are defendants 1 and 2 in the suit, who are the principal contesting respondents in both the appeals before us. They will hereinafter be described as the contesting mortgagees.

(2.) By various transfers the equities of redemption of the various villages were transferred to a number of people. Briefly speaking it may be stated that by the year 1890 property No. 1 came to Badri Prasad, the grandson of the mortgagee Darbari Mal, Nos. 2-8 went to Nath Mal Das, who is now stated to have been a benamidar for Darbari Mal, No. 9 went to Sher Singh and another, the contesting mortgagees, and Nos. 10-14 were acquired by one Sher Singh of Kant.

(3.) It is an admitted fact that Sher Singh of Kant on 2 July, 1898 was allowed to pay off Darbari Mal and redeem the 2/3rds share of the mortgage from him. In his finding on issue No. 6 the learned Subordinate Judge at page 18(P.A. 232 of 1925) has said that there is no dispute about the redemption of 2/3rds share held by Nath Mal Das and Lakhpat Rai, that portion of the mortgage is redeemed.