MAHOMED ISMAIL Vs. SHARFUTULLAH

JUDGEMENT

(1.) This is an appeal by the plaintiffs and arises out of a suit for redemption of a mortgage executed by the predecessor of the plaintiffs in favour of the predecessors of defendants 1 to 12, so far back as the year 1852.

(2.) The three short genealogical trees given below will show who the mortgagees and their successors-in-interest are, as also who the mortgagors and their successors-in-interest are respectively. It is essential that we should have those trees before us in order to understand the questions in controversy in this appeal, more particularly as the heirs of the mortgagees have also succeeded to certain shares in the equity of redemption in the disputed properties.

(3.) It is not necessary to state the earlier history of this somewhat long-drawn litigation, which commenced in 1919. It is sufficient to state that, by the decree of the lower appellate Court, which is now under appeal, the plaintiffs have been allowed to redeem to the extent of only four pies share and the controversy in the appeal before us has centred round the question as to whether the plaintiffs should not be allowed to redeem to the extent: (i) of 11 annas four pies share of the mortgagors, (ii) or, in any event, to the extent of eight annas four pies share and to have recovery of possession of the mortgaged property to the extent of the said shares.