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1957 Supreme(Pat) 26

KISHORE KUMAR PRASAD, V.RAMASWAMI
Kewal Surihar – Appellant
Versus
Bikan Surihar – Respondent


Judgment

1. This appeal is brought on behalf of the plaintiffs against a judgment of the Additional Subordinate Judge of Saran, dated 13th February, 1950, dismissing a suit for redemption. It appears that on 18th October, 1928, defendant No. 6 as guardian of Shib Narain, father of the plain-tiffs, executed a zarpeshgi deed in favour of defendant No. 1 with regard to 6 kathas 14 dhurs of land. Under the terms of the zarpeshgi bond the mortgagee was liable to pay the rent to the landlord. On 21st July, 1933, defendant No. 1 assigned his zarpeshgi interest in 4 kathas 18 dhurs out of the zarpeshgi land to defendant No. 5. It appears that the landlord brought a suit for arrears of rent against defendant No. 6 in 1932 and obtained a decree. In execution of that decree the landlord purchased the land in question on 18th September, 1933. It is also alleged that the landlord obtained delivery of possession in 1934. Four years later, that is, on 22nd August, 1938, defendant No. 1 obtained settlement from the land- lord of the land previously in zarpeshgi. The trial court held that the right of redemption was not extinguished by the execution sale and, therefore, granted the plaintiffs a decr





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