Judgement

Consolidated Appeals (No. 6 of 1921) by special leave from two judgments and decrees (February 9, 1915, and June 19, 1918) of the Court of the Judicial Commissioner affirming two decrees of the Subordinate Judge of Kheri.

The sole question for determination was whether the appellant, the mortgagor under a deed dated June 9, 1908, had a right to redeem having regard to the terms of the deed which excluded the right at the time when it was sought to be exercised.

The terms of the mortgage and the material facts appear from the judgment of the Judicial Committee.

3 Law Rep. 49 Ind. App. 60 ( 1921- 1922) Mohammad Sher Khan V. Raja Seth Swami Dayal

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The Subordinate Judge, and on appeal the Court of the Judicial Commissioner, had held that having regard to the terms of the mortgage deed the mortgagor had not a right to redeem during the period of twelve years if the mortgagee had elected to go into possession for that period.

1921. Nov. 10. Upjohn K.C. and Dube for the appellant. The mortgage was a simple mortgage and was not an anomalous mortgage to which s. 98 of the Transfer of Property Act, 1882, applied. But whether it was so or not, the mortgagor had a right to redeem