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1953 Supreme(Pat) 20

RAI, REUBEN
Dundbahadur Singh – Appellant
Versus
Durga Prasad Singh – Respondent


Judgment

Reuben, J.

1. This appeal by defendant first party is directed against a decision of the Additional District Judge, Motihari, decreeing a suit for the redemption of a usufructuary mortgage.

2. Plaintiffs first party are a joint Hindu family. Plaintiff second party and defendants second party are another joint Hindu family. The two joint families are the transferees of the rights of the mortgagor, and the right of the plaintiffs as transferees to sue for redemption is not challenged. Defendants appellants are the descendants of the mortgagee and are also a joint Hindu family. The mortgage in suit was executed on 14-10-1909 by Ramprasad Lal alias Ramprasad Singh in favour of Dhyan Singh to secure an advance of Rs. 6000.00 at simple interest of 5 annas per cent, per annum for a term of five years from 1317 to 1321 Fasli, repayable in Bhado 1321 or any Bhado thereafter, The property mortgaged consisted of:

1. 1 a. 10 p. pokhta share of milkiat bearing Tauzi No. 699 and 6 p. pokhta share of milkiat bearing Tauzi No. 698 in mauza Madhubani, pargana Mahsi. These tauzis are described as having an annual rent roll of Rs. 293/9/0. They included in addition 3 bighas of zirat land desc













































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