The first defendants case is that the transaction of 15th April, 1930, was number a mortgage but an out and out sale with a companyenant for repurchase which became infructuous because numberattempt was made to act on the companyenant within the time specified.
161 of 1946 arising out of the Judgment and Decree dated the 25th July, 1946, of the Court of the 1st Additional Subordinate Judge, Bhagalpur, in Title Suit No.
Appeal by Special Leave from the Judgment and Decree dated the 27th day of January, 1949, of the High Court of Judicature at Patna in Appeal from Appellate Decree No.
The plaintiffs case is that the transaction of 15th April, 1930, is a mortgage and, as the subsequent mortgagee was number joined as a party to the earlier suit, the plaintiff is entitled to redeem.
690 of 1947 against the Decree dated the 13th January, 1947, of the Court of the District Judge, Bbagalpur, in Title Appeal No.
Phaguni mortgaged the same property to the first defendant for Rs.
The companysideration mentioned in the deed is Rs.
634 10 0 due on the second mortgage and Rs.
C. Chatterjee, A. N. Sinha and S. P. Verma, ,with him for the appellant.
Murtaza Fazl Ali and Rajinder Narain, for respondent No.
The learned trial Judge and the lower appellate Court both held that the document was a mortgage and so decreed the plaintiffs claim.
The same three persons executed the disputed deed.
He obtained a decree against the mortgagors alone and executed it in 1940.
The plaintiff appeals here.
This was in favour of the first defendant.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
If the latter he is out of Court.
April 14.
Then on 6th May, 1927, Siban Tanti, Chander Tanti and Mst.
He himself purchased the property in dispute and took possession on 20th March, 1943.
If the former the plaintiff succeeds.
I. 1954.
80 of 1945.
This was also a simple mortgage.
On 25th May, 1922, Siban Tanti alone executed a simple mortgage in favour of the second defendant for Rs.
The plaintiffs title is derived from the second defendant who stepped into the shoes of the mortgagors because of his suit against the mortgagors in 1940.
Shortly after, on 19th August, 1943, he sold this land to the plaintiff for Rs.
The property companyered by the disputed deed belonged to one Bijai Tanti who died leaving a widow Mst.
Phaguni and two sons Siban Tanti and Chander Tanti.
98 of 1953.
The Judgment of the Court was delivered by BOSE J. This is a plaintiffs appeal in a suit for re demption of what the plaintiff calls a mortgage dated 15th April, 1930.
The second defendant sued on his mortgage of 1922 but did number join the subsequent mortgagee, the first defendant.
After this came the transaction in suit dated 15th April, 1930.
65 6 0 taken in cash to enable the executants to meet the expenses of certain companymutation proceedings under section 40 of the Bihar Tenancy Act in respect of this very land.
