Judgement

Appeal (No. 70 of 1919) from a judgment and decree of the Court of the Judicial Commissioner (May 3, 1915) reversing decrees of the Additional Subordinate Judge of Hardoi.

The suit was brought by the appellant and his brother, since deceased (both being represented by the appellant), against the respondents claiming to redeem a usufructuary mortgage made in 1873 and 1875. The plaintiffs alleged that they had purchased the equity of redemption for Rs. 200 by a registered sale deed executed by the mortgagor in 1882. The defence set up by the defendants and the facts of the case appear from the judgment of the Judicial Committee.

The Subordinate Judge found that the sale deed of 1882 had been lost, but that that circumstance was not material, as a registration copy was produced. He found against the case alleged by the defendants that the sale had been cancelled. After taking the accounts he made a decree in favour of the plaintiffs.

On appeal to the Court of the Judicial Commissioner the decision of the trial judge was reversed. The learned judges regarded the non-production of the original sale deed as a serious feature of the case. They referred to the fact that no eviden