LALLU SINGH Vs. RAM NANDAN

JUDGEMENT

(1.) The plaintiff is the appellant in this Court. His suit was, in its form, one for redemption of a mortgage which his father, defendant 13 and one Raghunandan, who died as a member of the joint family with the two other persons mentioned, purported to mortgage certain occupancy lands on Asarh Sudi 6, 1293-F., corresponding to sometime in July 1886 for a sum of Rs. 299-15.-0. The plaintiff offered to redeem on payment of the aforesaid sum. The defence was that the plaintiff never made an offer to redeem, that there were two bonds by which certain moneys were tacked on the mortgage of 1886 and that to redeem the property the plaintiff was bound to pay not only the sum of Rs. 299-15-0 but also two additional sums amounting to Rs. 1,156-4-0. One of these bonds is dated 27th July 1893 and is for Rs. 170-0-0, carrying interest at 15 per cent per annum and the other was a bond dated 22 July, 1898 for Rs. 85-0-0 carrying interest at the same rate.

(2.) The rejoinder of the plaintiff to the defence that the plaintiff was bound to pay two additional sums seems to have been that there were no such bonds in existence and if they did exist, the plaintiff was not bound to pay them as a condition precedent to redemption.

(3.) The Court of first instance held on a consideration of the terms of the bonds that one of these created a charge on the property mortgaged and the other did not. In the result, the first Court decreed redemption on payment of the amount due on one of those bonds, namely the bond of 1898 in addition to the amount due on the mortgage of 1886.