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1955 Supreme(Pat) 97

AHMAD
Jamadar Mian – Appellant
Versus
Amir Hassan – Respondent


Judgment

Ahmad, J.

1. This appeal is by the plaintiffs, who are two in number. Plaintiff No. 2 is the widow of one Taiyab Mian of village Mohammadpur and is the mother of, plaintiff No. 1. The appeal is directed against the judgment and decree dated the 30th June, 1950, passed by the 1st Additional subordinate Judge, Chapra, affirming the decision in the suit given on 23rd December, 1948, by the Munsif, 2nd Court, Siwan. It arises out of a suit for redemption of zarpeshgi deed dated the 15th June 1919, executed for a sun) of Rs. 399/- by plaintiff No. 2 for self and as guardian of her minor son Khodadin in favour of defendant No. 1 and one Lalmohammad, who subsequently assigned his interest to defendant No. 2, whose name is also Lal Mohammad and who is the sala of defendant No. 1. The property mortgaged therein was 3 bighas 7 khatas and 9 dhurs of kasht land which originally belonged to Taiyab Mian. It appears that Taiyab Mian died leaving his widow (plaintiff No. 2) and his son Khodadin. Subsequently after his death plaintiff No. 2 got another posthumous son (plaintiff No. 1).

Thereafter her first son Khodadin died issueless leaving his mother and his brother plaintiff No. 1 as his































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