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1951 Supreme(All) 207

P.L.BHARGAVA, BEG
Ram Charan – Appellant
Versus
Bhagwan Dei – Respondent


Advocates:
A.P. Nigam, for Appellant; Kamta Prasad Gupta, for Respondent.

Judgement

P. L. BHARGAVA, J.:- This is an appeal, which arises out of a suit for redemption. The suit was instituted by Ram Charan Lal against Mahadeo Prasad (defendant 1) Hakim Dwarka Prasad (defendant 2), Jhannoo Lal (defendant 3) and Hakim Ram Charan Lal (defendant 4). The property in dispute which consists of a house and a shop, belonged to one Sheo Charan, who died sometime before the year 1904 leaving a widow, Janasa, and two sons, Chheda (major) and Mahadeo (minor). On 1-5-1904, Chheda and Janasa on her own behalf and on behalf of her minor son, Mahadeo, executed a usufructuary mortgage deed with a condition of forclosure hypothecating the property aforesaid to Hakim Dwarka Prasad (Ex.1). The mortgage was for a period of ten years and no redemption was permitted within the said period. The amount borrowed under the mortgage was Rs.300/- carrying interest at Rs.2/- per cent. per mensem compoundable annually. The mortgaged property, which was a kham structure, needed repairs. The mortgagee was permitted, under the terms of the mortgage deed, to utilise the usufruct of the property in repairing the house and the shop without any liability to render accounts at the time of redemp
























































































































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