1 One Harbans Mishra filed Civil Suit No. 1070 of 1950 impleading as defendants Kesho Ram, Mst Sukh Dei, Mst Dhanpati, Sukhi Lal and Nageshwar Kalwar. The suit was one for redemption of a mortgage and with a chequered history.

2 One Mst Toranto had mortgaged the suit property on 26-1-1908 in favour of Kesho Ram for a period of 60 years. This property is said to have been inherited by Smt Sukh Dei, who on 1-4-1950 executed a sale deed selling her right of redemption in favour of Narvadeshwar Mishra (original plaintiff and respondent herein). Sukh Dei had only a limited interest being a Hindu widow not in possession of the property. The plaintiff contended in the suit that the period of 60 years was fixed as the period of mortgage amounted to a clog on the equity of redemption and hence, was null and void, and therefore, the plaintiff was entitled to redeem the mortgaged property without waiting for expiry of the mortgage period. Mst Toranto died leaving her son Harbans Kalwar and daughter Harkali. Harbans Kalwar also died leaving behind his widow Sukh Dei the only heir. Mst Dhanpati filed Suit No. 904 of 1951 for redemption and possession of the mortgaged property (the property which