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1959 Supreme(Pat) 81

KANHAIYA SINGH, V.RAMASWAMI
Harbans Narain Singh – Appellant
Versus
Ramdhari Mahton – Respondent


Judgment

1. In the suit which is the subject-matter of this appeal the plaintiff alleged that on 23-3-1887, there was a usufructuary mortgage bond executed by Syed Ahmad Hussain in favour of Lachhman and Raghunath Mahto, the ancestors of the defendants first party, for a sum of Rupees 27/8/- with respect to 9 kathas 8 dhurs of land of survey plot No. 135, khata No. 266, in village Jurawanpur-Gopalpur. It is alleged further that Syed Ahmad Hussain sold the equity of redemption of the land to the ancestor of the plaintiff by a registered sale-deed dated 14-8-1890. The due date of redemption of the mortgage bond was 4-5-1890. On 23-5-1949, the plaintiff deposited the mortgage money in the court under Section 83 of the Transfer of Property Act, and on 19-5-1950, the plaintiff brought the present suit for redemption of the usufructuary mortgage and for possession of the land in question. The suit was contested by the defendants first party on various grounds. AH these grounds were rejected by the lower appellate court, except the contention of the defendants first party that the suit was barred by limitation. The lower appellate court accordingly dismissed the suit.

2. In support of this










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