1952 Supreme(All) 323
BRIJ MOHAN LALL
Loknath Misir – Appellant
Versus
Daulta Kuer – Respondent
Advocates:
S.K. Varma, for Appellants.
JUDGMENT :- This is an application in revision by the defendants mortgagees arising out of a claim brought under S.12, U.P. Agriculturists Relief Act. The mortgage sought to be redeemed was a possessory mortgage and was executed on 28-5-1909 by one Sm. Daulata Kunwar in favour of two persons, viz. Gaya Rai and Prayag Dube. Padam Nath, the predecessor-in-interest of the present applicants, acquired the mortgagee rights by pre-emption and took possession of the mortgaged property as a usufructuary mortgagee. Later on, Sm. Daulata Kunwar executed a lease of the mortgaged property in favour of two persons, viz., Jagarnath Singh and Sri Bahadur Singh. The lessees brought a suit No.231 of 1922 for redemption of the mortgage. Shrimati Daulata Kunwar was arrayed as a defendant to that suit. The predecessors of the present applicants were the main defendants to that suit. On 27-9-1923 the suit was decreed. A preliminary decree was prepared under O.34, R.7 directing the then plaintiffs to pay a sum of Rs.1700/- till 27-3-1924. It was also stated in the decree that, in case the payment was not made within the aforesaid time, the right of redemption would be extinguished. No payment whatsoever
Click Here to Read the rest of this document