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1934 Supreme(All) 183

NIAMATULLAH
Narotam Das – Appellant
Versus
Sanwal Dass – Respondent


JUDGMENT

Niamatullah, J. - This is an appeal from the decree passed by the Second Additional Subordinate Judge of Jaunpur upholding the decree passed by the Munsif of Shahganj in a suit brought by the plaintiff-respondent for redemption of certain property. It is no longer in dispute that the original proprietor was one Mohammad Malik who executed a deed of usufructuary mortgage on 19th September 1898 in favour of Deonandan Dube. The latter was in possession of the mortgaged property. The heirs of Mohammad Malik subsequently executed a deed of simple mortgage on 19th September 1900 in favour of the plaintiff-respondent. Deonandan was dispossessed some time before 1911 and sued the heirs of the mortgagor for recovery of his mortgage money by sale of the mortgaged property. A decree for sale was passed and the mortgaged property was sold in execution of that decree. The appellant was declared to be the purchaser and obtained delivery of possession on 16th August 1922. In the meantime the plaintiff, the subsequent mortgagee, instituted a suit for the forcement of his mortgage, obtained a decree for sale and purchased the mortgaged property himself. The prior mortgagee had not impleaded

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