BHIKHI SINGH AND OTHERS Vs. LAKHPAT AND OTHERS AND DAL CHAND AND OTHERS
LAWS(ALL)-1958-2-26
HIGH COURT OF ALLAHABAD
Decided on February 19,1958

Bhikhi Singh And Others Appellant
VERSUS
Lakhpat And Others And Dal Chand And Others Respondents

JUDGEMENT

R.N. Gurtu, J. - (1.) The facts which give rise to this second a appeal may be stated as follows:- Lakhpat Singh, Pirthi Singh and Kamalia (who or whose representatives in interest are the respondents in this second appeal) created a mortgage over four plots by a document dated 7-6-1922 in favour of Bhiki Singh, Timak Lal, Kewal Singh and Ganpat Singh who, or whose representatives in interest, are the appellants in this appeal. The plots mortgaged under the said document are Nos. 786, 787, 788 and 773.
(2.) An application was made under section 12 of the UP Agriculturists' Relief Act by Lakhpat Singh and others for redemption of the mortgage. That application was contested and became a suit and was disposed of by an order dated 22-11-1951. The suit for redemption of the property was decreed. The plaintiffs were ordered to deposit Rs. 2,000 in court within six months and the property was then to stand redeemed. On such a deposit being made, the plaintiffs were given the right to sue in the proper court for possession of the mortgaged plots. In default of payment within the time specified, the application, which had been turned into a suit, was to stand dismissed. A preliminary decree was, however ordered to be prepared.
(3.) After the passing of the order dated 22-11-1951, the UP ZA and LR Act came into force and proceedings were stayed.;


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