Judgement

Appeal from a judgment and decree of the High Court (June 16, 1909) reversing a judgment and decree of the second Additional Subordinate Judge of the 24 Parganas.

The suit was instituted by the appellants to redeem two mortgages of 1848 and 1871.

In 1848 one Fazlul Karim mortgaged his zamindari and in 1850 conveyed it to Khodajanessa, his wife, as a gift. In 1853 she granted a patni lease of it under which there was a malikana amounting to over Rs.15,000 a year. After various immaterial proceedings, in 1870 an agreement was made between Khodajanessa and the then mortgagees by which the amount due upon the mortgage was to be discharged by annual payments out of the malikana.

In 1871 Khodajanessa executed a second mortgage upon the property in favour of a different mortgagee.

In 1873 the mortgagees under the mortgage of 1848 commenced a suit against Khodajanessa to enforce the agreement of 1871, A compromise was agreed to by the parties and a razinama drawn up.

Under the terms of the razinama the amounts due to both mortgagees was agreed and the mortgagees agreed to release the property from the mortgages upon Khodajanessa agreeing to execute deeds of absolute sale or trans