1000 deposited by the plaintiff in respect of the mortgage dated july 5 1927.
33 14 9 pay able by the mortgagee annually on account of the rent of the hichapur lands the mortgagee companysistently paid rs.
sarjoo prasad and b. p. tha for the appellants v. viswanatha sastri b. k. p. sinha and a. g. ratna parkhi for the respondent.
the high companyrt dismissed a second appeal preferred by the plaintiffs.
there was default in payment of rent for several years.
the first appellate companyrt however gave a decree for redemption of 3.93 acres of plot number 955 in hichapur village and gave a.i.r.
the plaintiffs number appeal to this companyrt by special leave.
1000 deposited by the plaintiffs in respect of the mortgage of the hichapur lands.
the rent of the entire holding was rs.
the mortgaged lands were part of a larger holding of 1988 1/2 acres in khata number 269.
the defendant mortgagee disputes this companytention and claims that the aforesaid sales extinguished the equity of redemption.
there was default in payment of rent for several years.
the trial companyrt decreed the suit.
it appears that out of the sum of rs.
before the high companyrt the plaintiffs contended relying upon the last paragraph of s. 60 of the transfer of property act 1882 that they were entitled to redeem the aforesaid 3.93 acres of utrain lands on payment of the proportionate amount of the mortgage money payable under the mortgage dated july 5 1927.
1964 s.c.
the judgment of the companyrt was delivered by bachawat j. the plaintiffs appellants instituted title suit number 91 of 1950 out of which this appeal arises for redemption of two usufructuary mortgages created by plaintiff number 1 and ancestors of plaintiffs number.
appeal by special leave from the judgment and decree dated february 19 1958 of the patna high companyrt in appeal from appellate decree number 919 of 1954.
68 annually but did number pay the balance sum of 10 annas 9 pies whereas the mortgagors consistently defaulted in payment of the sum of rs.
the mortgage deed provided that the mortgagee would pay rs.
1000 and rs.
2 to 6 dated july 5 1927 and april 15 1928 in favour of the defendant for rs.
153 3 0.
33 14 9 out of the total rent payable to the landlord and the mortgagors would pay the balance rent.
it also appears that out of the sum of rs.
68 10 9 out of the total rent and the balance rent would be payable by the mortgagors.
68 10 9 payable by the mortgagee annually on account of the rent of the utrain lands the mortgagee consistently paid rs.
the landlord obtained a decree for arrears of rent and at the rent sale held on june 18 1934 the mortgagee defendant purchased the hichapur lands in the farzi name of dwarkalal.
civil appellate jurisdiction civil appeal number 180 of 1963.
the mortgage dated april 15 1928 was in respect of 7.20 acres of lands in village utrain tinder kahas mahal.
liberty to the mortgagee to withdraw the entire sum of rs.
149 155 955 and 957 in village hichapur under the tikari raj.
1300 respectively.
the high companyrt negatived this companytention.
33 annually but did number pay the balance sum of 14 annas 9 pies whereas the mortgagors companysistently defaulted in payment of the sum of rs.
the mortgage dated july 5 1927 was in respect of 7.20 acres of occupancy raiyati lands companysisting of four plots number.
155 4 0.
the mortgage deed provided that the mortgagee would pay rs.
certificate proceedings were started for the recovery of the arrears of rent and at a certificate sale held on january 22 1934 the utrain lands were purchased by the defendant in the farzi name of deonarain.
86 9 3 payable by them annually on account of the total rent.
119 4 3 payable by them annually on account of the total rent.
the first appellate companyrt allowed the appeal in part passed a decree for redemption of 3.93 acres of plot number 955 only on the ground that this portion of the land was number sold at the rent sale and gave leave to the defendant to withdraw rs.
the plaintiffs companytend that the purchases at the rent sale and the certificate sale were made by the mortgagee by availing himself of his position as such and having regard to s. 90 of the indian trusts act and illustration c to it the purchases enured for the benefit of the plaintiffs and they are entitled to redeem the entire mortgaged lands.
the mortgaged lands were part of a larger holding of 23.69 acres under khata number 59 and the annual rent of the entire holding was rs.
