BISHUNATH TEWARI Vs. UNION OF INDIAMIRCHI
HIGH COURT OF PATNA
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Lakshmikanta Jha, C.J. -
(1.) This appeal arises out of a suit for redemption of a usufructuary mortgage and for possession with masne profits. Both the courts below have decreed the suit; hence this second appeal by the defendants.
(2.) The plaintiff executed a registered usufructuary mortgage bond dated 11-7-1932, for a sum of Rs. 122/- in favour of one Harihar Tewari, since deceased, ancestor of the defendants mortgaging 3.83 acres of ralyati land, and put the mortgagee in possession thereof, in lieu of interest, from the beginning of Asarh, 1339 Fasli (June, 1932). Under the terms of the mortgage bond, the mortgagee stipulated that
"the payment of rent to the malik in respect of the said rehan property is the concern of the said rehander" and in the description of the property at the foot of the mortgage bond it was stated that the annual rent including cesses was Rs. 19/12/3 (Ext. A.).
(3.) While the mortgagee was in possession, the landlords brought two suits for arrears of rent in respect of the mortgaged land and put up the holding to sale in execution of the decree, but the entire decretal amounts were deposited by the mortgagee (vide chalans Exts. B to B2) and the sales were averted.;
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