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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











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