1971 Supreme(All) 83
JAGMOHANLAL
Asharfi Devi – Appellant
Versus
Prem Chand – Respondent
Advocates:
S.C. Dass, H. N. Tilhari and J.C. Srivastava, for Appellants; M.P. Srivastava, M.M. Krishna and Umesh Chandra Srivastava, for Respondents.
JUDGMENT :- This second appeal arises out of a suit filed by the plaintiff respondents Nos. 1 and 2 for recovery of possession of a house situate in the town of Bahraich and for damages. The house admittedly belonged to one Barati Lal who was the great grand-father of the plaintiff-appellants. According to the plaintiffs, it was a self-acquired property of Barati Lal and he had full disposing power over it, Barati Lal had dedicated this house along with some other property to Sri Thakurji Maharaj, the presiding deity of a temple built by him, under his wills dated 23-5-1908 and 12-10-1927, Barati Lal remained the Sarverakar till his death and after him his son Jot Prasad became the Serverkar. Jot Prasad died on 17-3-1936 and after him the plaintiffs became Sarverakars. This house had however been usufructuarily mortgaged by Jot Prasad to Hanoman Prasad defendant-respondent No. 3 by means of a mortgage deed dated 6-8-1935. Subsequently Jot Prasad's widow Smt. Bittan Devi defendant-respondent No. 7 sold the equity of redemption to Lakhpat Rai defendant appellant (who died during he pendency of appeal and is now represented by Smt. Asharfi Devi and others) under a sale deed dated 7-10
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