MT. RUPESWARI CHUTIANI AND OTHERS Vs. GIRIDHARI CHUTIA AND OTHERS

JUDGEMENT

(1.) THIS is a second appeal from the order of the Addl. Sub -Judge, A.V.D., dated 22 -5 -46 by which the decree of the trial Court dismissing plff. -respts'. suit with costs was reversed and plffs'. suit decreed.

(2.) PLFFS '. suit was for a declaration of title to and khas possession of the property in suit. The property was mortgaged to the 1st deft. by a registered mortgage -deed, dated the 30th March 1926. Soneswar Chutia mortgaged the property on his own behalf and on behalf of his nephew Holiram Chutia. The mortgage consideration was for Rs. 500/ -. The relevant portions of the mortgage -deed are as follows:

(3.) THE first three defts. repudiated the claim. They pleaded that the mortgage was for 5 years and, according to the terms contained in it, if it was not redeemed at the expiry of 5 years, the property was to be deemed to have been sold for the mortgage consideration and the mortgagees could get a patta issued in their names as purchasers. In pursuance of the terms of the mortgage, the plffs. and the late Soneswar got the names of defts. 2 & 3 mutated in 1933 by reason of their purchase. It was further alleged that later on there was a separate patta issued to the defts. as the result of a partition.