Raghunath Prasad vs Sirbadh Rai - 1885 Supreme(All) 131

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1885 Supreme(All) 131

HAHMOOD, OLDFIELD
Raghunath Prasad – Appellant
Versus
Sirbadh Rai – Respondent

JUDGMENT

Oldfield, J. - It appears that Jarawan Singh and Daulat Kuar mortgaged three bighas of land, in May 1866, for Rs. 401 to one Lachman Rai, and subsequently, in June 1874, mortgaged their four annas share, which included the said land, to plaintiff.

2. In June 1878, the appellant bought the equity of redemption and paid off the prior mortgage out of the purchase-money. The plaintiff-respondent seeks in this suit to bring the said land to sale in satisfaction of his subsequent mortgage. The first Court disallowed this portion of the claim, but it was decreed by the Subordinate Judge, and the appeal, which takes exception to the decree on this point, must prevail. It has been established by rulings of this Court that, where a purchaser of the equity of redemption has a prior mortgage of his own, or gets in a prior mortgage, the prior mortgage is not necessarily extinguished, but will be presumed to exist for his benefit against subsequent mortgagees: and the law to that effect has now been settled by the recent decision of the Privy Council in Gokaldas Gopaldas v. Puranmal Premsukhdas ILR Cal. 1035 : L.R. 11 Ind. Ap. 126 a case some what similar to the one before us, where one p

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