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inderjit and anr. Vs. Bharat Singh - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtAllahabad
Decided On
Judge
Reported in4Ind.Cas.407
Appellantinderjit and anr.
RespondentBharat Singh
Excerpt:
usufructuary mortgage - redemption--time for redemption fixed--suit before the fixed period, maintain ability of. - - 1. we are of opinion that under the terms of the particular contract embodied in the mortgage-deed in suit the intention of the parties was that the mortgagee should enjoy possession for ten years.1. we are of opinion that under the terms of the particular contract embodied in the mortgage-deed in suit the intention of the parties was that the mortgagee should enjoy possession for ten years. the suit for redemption is, therefore, premature.2. we accordingly set aside the order of the lower appellate court and restore the decree of the court of first instance with costs.
Judgment:

1. We are of opinion that under the terms of the particular contract embodied in the mortgage-deed in suit the intention of the parties was that the mortgagee should enjoy possession for ten years. The suit for redemption is, therefore, premature.

2. We accordingly set aside the order of the lower appellate Court and restore the decree of the Court of first instance with costs.


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