MANGAL PRASAD MISHRA Vs. NARVEDSHWAR MISHRA

JUDGEMENT

(1.) One Harbans Mishra filed a Civil Suit No. 1070 of 1950 impleading as defendants Kesho Ram, Mst. Sukh Dei, Mst. Danpati, 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 1st April, 1950 executed a sale deed selling her right of redemption in favour of Narvedshwar 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, null and void, and therefore, the plaintiff was entitled to redeem to 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 a Suit No. 904 of 1951 for redemption and possession of the mortgaged property (the property which was the subject-matter of Suit No. 1070 of 1950) on the basis that she was the daughter of Mst. Toranto and had inherited the property in dispute after the death of Mst. Toranto and was, therefore, entitled to exercise the right of redemption of the same. Similarly, one Sukhi Lal also filed a Suit No. 1486/1953 for redemption of the same property on the basis that he had purchased the right of redemption from Nageshwar who was the son of Smt. Toranto and the only heir. Mangal Prasad Tamoli, Bindeshwari and Sarjoo Devi, the legal heirs of the original mortgagee Keshav, contested all the three suits on various grounds.

(3.) By judgment dated 30-11-1955 the First Additional Munsiff, Gorakhpur dismissed all the three suits holding as follows :