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1949 Supreme(Pat) 50

AGARWALA
Hasar Ali – Appellant
Versus
Ajodhaya Sah – Respondent


Judgment

Agarwala, J.

1. This is an appeal by the plain-tiffs against concurrent decisions of the Courts below. The appeal arises out of a suit for redemption of a mortgage dated 8th September 1928. The term of the mortgage stated in the bond is 98 years. There is a provision that if the mortgage be not redeemed at the end of the term, it should not be redeemable for another term of 98 years. The suit was instituted on 1946, long before the expiry of the term, it being contended by the plaintiffs that the reference to 98 years in the bond had been fraudulently inserted in it by the defendant in place of the eleven years which had been agreed upon between the parties. Both the Courts negatived the plea of fraud and held that 98 years was the term agreed upon.

2. In the appellate Court it was conceded on behalf of the plaintiffs that a long term of 98 years cannot by itself be a clog on the equity of redemption, nevertheless, it is now contended that such a long term is a clog on the equity of redemption, and reference is made to a decision in Bhullan V/s. Bachcha Kunbi, 53 ALL. 580 : (A. I. R. (18) 1931 ALL. 380). The term of the bond in that case was for sixty years, and there was a

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