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1997 Supreme(Pat) 47

DHARAMPAL SINHA
Janandan Rai – Appellant
Versus
Mandeo Rai – Respondent


Judgment

DHARMPAL SINHA, J.

1. In this appeal, which has arisen from a suit for redemption of a usufructuary mortgage, the substantial questions of law formulated for decision, are as follows :

"(1) Whether the entry of the name of Mostt. Isara Kuer (name) in Ext. C, Revisional Survey Records showing her share in the suit property, is evidence of severance of the joint status?(2) Whether the inclusion of the name of Mostt. Isara Kuer in Ext. B, -arpeshgi deed, further proves that the definition of the shares in the Revisional Survey was with a view to show partition in the family?

2. The relevant facts necessary for decision of the questions may briefly be stated as follows:The Respondents in this appeal, who were plaintiffs in the suit (appellants in the first appeal) had instituted the suit for redemption of mortgage after depositing the necessary mortgage money under Sec. 83 of the Transfer of Property Act. The suit related to redemption of usufructuary mortgage created by the mortgage deed (Ext. B) that had been executed on 7-8-1941, relating to 1 Bigha 13 kathas and 12 dhurs of land, by two widows - one Mostt. Maweshra Kuer and one Isara Kuer.

3. The respondents claim to have p









































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