SUNDAR LAL Vs. GHISSA

JUDGEMENT

(1.) This is a plaintiff's appeal and arises from a suit for redemption of a shop in Anupshahr, district Bulandshahr mortgaged by the brothers Shambhu Ram and Suraj Ram, by a deed dated 1 December 1884, to Inderman who is now represented by some of the defendants; the other defendants are transferees from his heirs. Suraj Ram one of the two mortgagors died issueless and his interest in the mortgaged property survived to Shambhu Ram. The last named died leaving three sons Bhura, Damodar and Krishna Ram. Bhura may be left out of account as he died leaving his two brothers as his only heirs. The equity of redemption thus became eventually vested in Damodar and Krishna Ram. They divided the family property held by them jointly and the equity of redemption was assigned to Damodar alone. Each of the two brothers executed a deed of relinquishment in favour of the other with respect to such properties as had been allotted to the share of one or the other.

(2.) The plaintiff alleges that Damodar disappeared some time before the year 1903. By a sale-deed dated 21 August 1903 Krishna Ram transferred the equity of redemption to the plaintiff-appellant claiming to be the owner thereof. The sale- deed recites that the shop, which was in possession of mortgagees, exclusively belonged to the executant by virtue of his ancestral right.

(3.) On 6 November 1924 the plaintiff-appellant brought the suit giving rise to this appeal claiming possession from the heirs of the mortgagee and their transferees by redemption of the mortgage under which they held. He based his title on the sale-deed dated 21 August 1903 above referred to. He alleged in the plaint that Krishna Ram was the owner of the mortgaged property at the time the sale-deed was executed. He could be the owner on that date only if Damodar, who admittedly had no wife or issue, had previously died.