Judgement

Appeal from a judgment and decree of the High Court (July 8, 1910) reversing a judgment and decree of the Subordinate Judge of Ghazipur (December 18, 1908).

The suit was brought by the appellants for the redemption of two mortgages, one dated September 16, 1887, in favour of the first respondents deceased husband, and the other dated January 6, 1891, in favour of the first respondent. The mortgagor under both the mortgages was Radha Kishan Singh, one of the respondents. The mortgaged properties consisted of certain villages which belonged to a joint Hindu family of which the mortgagor and his descendants were the members.

The appellants claim to redeem was based upon two subsequent transactions with respect to portions of the properties mortgaged and affecting only the equity of redemption. The first of these transactions was a possessor mortgage of a portion of the properties, made on July 4, 1894, by Radha Kishan Singh to Hira Ram and Dhundha Ram, under whom the appellants claimed; the second was a sale to the same persons of other portions of the properties by one Mahpal Singh, another member of the said joint family to whose share they had been allotted.

Law. Rep. 41