Judgement

Appeal (No. 12 of 1929) from a decree of the High Court (August 11, 1927) reversing a decree of the Subordinate Judge of Arrah (March 27, 1923).

This report is confined to that part of the judgment of the Judicial Committee which deals with the admission of additional evidence by the appellate Court, the appeal giving rise otherwise to questions of fact only.

7 Law Rep. 58 Ind. App. 254 ( 1930- 1931)

Parsotim V. Lal Mohar 98

The following short statement of the circumstances of the litigation is summarized from the judgment.

The suit was for the redemption of a series of usufructuary mortgages, executed between 1883 and 1914 in favour of the respondents by the members of a joint Hindu family represented by appellants Nos. 6 and 7. The property mortgaged was a separated share in a mauza. The suit was instituted on March 3, 1922, by appellants Nos. 1 to 5 as owners of the equity of redemption under mukarrari leases. The respondents by their written statement filed on April 28 denied the validity of the leases, and claimed an addition to the redemption money, which had been deposited in Court under s. 83 of the Transfer of Property Act, but did not question the right of the mo