MT DUKHI Vs. INDERMAN AHIR

JUDGEMENT

(1.) This appeal has arisen out; of a suit for redemption, which was decreed by the first Court but dismissed by the lower appellate Court. The plaintiff has appealed.

(2.) The plaintiff sought by his plaint to recover possession of five plots, Nos. 27-1, 34-2, 31, 636 and 260 by redemption of a mortgage said to have been made in 1915 by her husband, Kashi Koeri, to secure the payment of Rs. 49-15-9. According to her the mortgage was usufructuary, and redeemable on payment of the principal amount.

(3.) The defendant denied that the plaintiff was the widow of Kashi Koeri or that any mortgage of the five plots in dispute was made by Kashi in 1915. It was stated in the written statement that plots 636 and 260 were not in possession of Kashi, who was alleged to be an occupancy tenant in the village. As regards the other three plots, viz. 27-1, 34-2 and 31 all that was stated in the written statement was that: It anyhow it be proved that the plaintiff has a right in plots Nos. 27, 34 and 82 even then she cannot get a decree without paying Rs. 99, the amount of mortgage.