Sir Madhavan Nair:-

These are Consolidated Appeals by the plaintiff, defendants 4 to 8, and Mohib Ali, a transferee from defendants 13 and 14, from the judgment and decrees dated 29-5-1941 of the Court of the Judicial Commissioner North-West Frontier Province, Peshawar, varying the judgment and decree dated 31-10-1939, of the Court of the District Judge, Peshawar, which in turn varied a judgment and decree dated 3-12-1938, of the Senior Subordinate Judge, Peshawar, as a result of which the plaintiff and defendants 13 and 14, were given decrees for the redemption in specified "sharesinthepropertyindisputewiththeexceptionofthesiteleasedbygovernmenttoParmaNand(fatherofdefendants4to8)in1934," on payment of specified sums of money.

[2] The appeals arise out of a suit for the redemption of mortgages executed by a Muhammadan Chaudhri Nathu. Broadly stated, the questions arising for determination relate to who are the representatives of the mortgagor, he being dead, entitled to redeem the property; whether the property is liable to be redeemed at all; what is the extent of the interests of the representative in the property to be redeemed; and whether the Cinema built on the site 'excepted'