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BENNET, VERMA
Mt. Kunjlas Kunwar – Appellant
Versus
Krishna Deo Singh – Respondent
JUDGMENT
Bennet, J. - This is a first appeal by Mt. Kunjlas Kuer and 15 other defendants against a decree for redemption granted in favour of Krishna Deo Singh and other plaintiffs by the learned Civil Judge of Allahabad. The plaint set out that there was a usufructuary mortgage dated 25th February 1848 executed by Badal Singh, guardian and 'sarbarakar' of Bharat Singh minor, the mortgagor, in favour of Mahadeo Prasad and Karanpuri Goshain, mortgagees. The amount of the mortgage money was Rs. 13,001. There was to be no interest but profit would go in lieu of interest and redemption might be made in Jeth of any year. The mortgaged property was set out in sch. A of the plaint and had become altered by a partition to the property in sch. B. Para. 3 of the plaint alleged that Bharat Singh only owned one-quarter of the property mortgaged and the remaining three-fourths was owned by Mt. Gulab Kuer and Uttam Kuer and with their consent the name of Bharat Singh was recorded for the entire property and that the mortgage had been made with the consent of these ladies. Para. 4 admitted that on 7th September 1861 the original mortgagees had sold their mortgagee rights to Thakur Sheopal Singh, a
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