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Yad Ram and anr. Vs. Baldeo Singh - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in64Ind.Cas.418
AppellantYad Ram and anr.
RespondentBaldeo Singh
Cases ReferredRaghunandan Rai v. Raghunandan Pande
Excerpt:
agra tenancy act (ii of 1901), section 20 - occupancy holding--mortgage created before enforcement of act--relinquishment by mortgagor to zemindar--right to redeem transfered. - .....amounted to a transfer of the right to redeem to the zemindar. the first plea taken in the grounds of appeal that there was no effective transfer to the plaintiff respondent fails. the plaintiff respondent had a right to redeem. the second plea taken in the grounds of appeal fails in view of the decision of the fall bench ruling in raghunandan rai v. raghunandan pande 61 ind. cas. 812 : 19 a.l.j. 573 : 43 a. 638. i, therefore, dismiss this appeal with costs, which will include in this court fees on the higher scale.
Judgment:

Stuart, J.

1. This appeal refers to a mortgage of occupancy rights in a holding made before Local Act II of 1901 come into force. The mortgage of occupancy rights was a legal mortgage. The mortgagor has subsequently relinquished his rights in favour of his Zemindar for a cash consideration. The resignation coupled with the cash comideration amounted to a transfer of the right to redeem to the Zemindar. The first plea taken in the grounds of appeal that there was no effective transfer to the plaintiff respondent fails. The plaintiff respondent had a right to redeem. The second plea taken in the grounds of appeal fails in view of the decision of the Fall Bench ruling in Raghunandan Rai v. Raghunandan Pande 61 Ind. Cas. 812 : 19 A.L.J. 573 : 43 A. 638. I, therefore, dismiss this appeal with costs, which will include in this Court fees on the higher scale.


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