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1952 Supreme(Pat) 34

SARJOO PRASAD, V.RAMASWAMI
Deo Saran Singh – Appellant
Versus
Barhu Singh – Respondent


Judgment

Sarjoo Prosad, J.

1. The plaintiffs, who are the appellants in this appeal, sued for redemption in respect of four mortgage bonds relating to plots Nos. 296, 831, 850 and 858 of khata No. 109 situate in village Harpur Akauna.

2. The case of the plaintiffs is that the khata in question was their raiyati kasht land, and from time to time their family being in need of money borrowed from the defendants various sums of money under the bonds in suit. The first bond (Ex. 1-c) is dated the 16th of July 1927, under which a sum of Rs. 200.00 was borrowed from the defendant No. 1. The next (Ex. 1-b) is dated the 10th of August, 1928, under which a similar sum of money was borrowed from Doman Das, the husband of defendant No. 9. The third (Ex. 1) is dated the 2nd of June 1930, in favour of defendants 11 to 14 for a sum of Rs. 190, and the last one (Ex. 1-a) is dated the 14th of July, 1930 for Rs. 200/-from the defendant No. 15. The total area given in rehan covered almost the enure khata except for a small area of 2 1/2 kathas of land which is said to have remained in possession of the mortgagors. The plaintiffs alleged that when they wanted to redeem the mortgage, the defendants refu





























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