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1952 Supreme(Pat) 54

LAKSHMIKANTA JHA, REUBEN
Thakur Prasad Singh – Appellant
Versus
Raghubar Prasad Singh – Respondent


Judgment

Reuben, J.

1. This is an appeal by the plaintiffs from a decision of the Additional Subordinate Judge at Monghyr dismissing a suit for redemption of a mortgage.

2. The plaintiffs-appellants are father and son and members of a joint Mitakshara family. The mortgage sought to be redeemed was created by a sadhawa patawa bond executed by Bhagwat Prasad Singh deceased, lather of the plaintiff No. 1 Thakur Prasad Singh, both as karta of the joint Mitakshara family consisting of himself and his son, and as guardian of his son. By this deed, the mortgagors hypothecated four items of proprietary interest (1) 3 annas and odd share in mauza Azizpur Piparia, touzi No. 838, (2) 16 annas khas patti in Azizpur Piparia, tauzi No. 840, (3) 8 annas out of 16 annas in respect of 4 annas patti in mauza Jagdishpur Saiyadpur, touzi No. 987, and (4) 8 annas out of 16 annas in respect of 4 annas patti in Jagdishpur, touzi No. 8994, to secure an amount of Rs. 17,000.00 for the period 1st Asin 1336 to 30th Bhado 1351 Fasli. The property was to remain in the possession of the mortgagee Dalip Narain Singh, defendant No. 1 since deceased, who would be responsible for the payment of Government revenue an

























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