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1949 Supreme(Pat) 53

S.K.DAS
Thakan Sahu – Appellant
Versus
Rampartap Mahto – Respondent


Judgment

Das, J.

1. This is a second appeal by the plaintiffs and arises out of a suit for redemption. The point raised in this appeal is a very short one, and would appear from the facts stated below. The ancestor of the appellants had given in bharna by a bond dated 28th August 1928, 7 bighas 9 kathas and odd of kast land to the ancestor of the defendants for a consideration of Rs. 2100. The contract between the parties was that if the mortgagor would remain in possession of the bharna property, he would pay interest at the rate of 10 percent per month in respect of the bharna money to the mortgagee. The mortgagor remained in possession till 1338 Fasli and paid interest to the mortgagee. Thereafter, the mortgagee was put in possession, not of the entire 7 bighas 9 kathas and odd, but of 5 bighas and odd only, that is, excluding 2 bighas 14 kathas and odd. The defendants respondents set up a plea with regard to this deficiency of a bighas and odd that there was a fresh contrast between the parties that the mortgagor would pay interest at 10 percent per month on Rs. 766, being the proportionate consideration of the bharna in respect of 2 bighas 14 kathas and 6 dhurs. The learned Mun



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