ROSHAN SINGH Vs. BALWANT SINGH

JUDGEMENT

(1.) THE defendant; in the original suit, now respondent, is in possession of the Husain Taluk by virtue of a mortgage effected in the year 1838 by the Talukdar Narain Singh. The plaintiff seeks to redeem the property. The Subordinate Judge decreed redemption on payment of Rs. 51,000 and interest to date of payment. The High Court reversed that decree and dismissed the suit.

(2.) THE plaintiff is the son of Bhoj Singh who was son of Indarjit and first cousin once removed of Narain, the common ancestor of the two being Mittar Singh the grandfather of Narain and the great-grandfather of Bhoj. The plaintiff first claimed title as a co-sharer in the estate; but he failed in that claim because his father Bhoj was not the legitimate son of Indarjit. The plaintiff still claims to redeem on the ground that he is entitled to maintenance out of the estate; which, as he contends, is a charge or interest carrying with it the right to redeem within the terms of the Transfer of Property Act, 1882, This position he seeks to establish in two ways. First, he alleges a title by contract with the widows and heirs of Narain. Secondly, he contends that Bhoj, though excluded from inheritance, was entitled to maintenance from the estate, and that Bhoj's title has descended to himself.

(3.) FOUR days later Bhoj executed a deed of relinquishment in which he withdrew his appeal and stated:--