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1961 Supreme(Pat) 16

R.K.CHOUDHARY, V.RAMASWAMI
Anarajia – Appellant
Versus
Tengari Kabar – Respondent


Judgment

1. In the suit out of which this appeal arises the plaintiff prayed for redemption of a mortgage with regard to properties described in schedule B of the plaint. It is alleged by the plaintiff that the properties belonged Originally to Bhadai Ram Kahar, and after his death Musammat Anarjia gave the properties to defendant No.2 in usufructuary mortgage by a registered document dated the 11th April, 1950. The plaintiff further alleged that the widow, Musammat Anarajia, had remarried one Balkhira Kahar of Gobardhanpur in sagai form on some date prior to May, 1953, and there was consequently forfeiture of the widows estate, and the plaintiff, who is the next reversioner of Bhadai Ram Kahar, was entitled to sue for redemption of the mortgaged properties. The suit was contested by the defendants on the ground that defendant No.1 had not remarried Balkhira Kahar and that she was still living in the house of her deceased husband Bhadai Ram Kahar. The lower appellate court has come to a finding that defendant No.1 has remarried Balkhira Kahar after the death of her husband Bhadai Ram Kahar arid there was forfeiture of the widows estate. It has granted a decree to the plaintiff for r





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