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Ram Samujh and anr. Vs. Sheoraj Tewari and ors. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in77Ind.Cas.56
AppellantRam Samujh and anr.
RespondentSheoraj Tewari and ors.
Excerpt:
mortgage - redemption--suit by transferee of mortgagor--term for redemption, validity of, whether can be challenged. - 1. this appeal arises out of a suit to redeem two mortgages executed in 1883 and 1888 respectively. the mortgages were for a term of sixty years. the lower appellate court has dismissed the suit on the ground that it is premature. in appeal the only point strongly urged before us is that the term of sixty years was excessive having regard to the value of the property and the necessities of the family. this suit has not brought by the mortgagers but by the vendees and we do not think it is open to them, to raise this plea. in our opinion the appeal fails and is dismissed with costs.
Judgment:

1. This appeal arises out of a suit to redeem two mortgages executed in 1883 and 1888 respectively. The mortgages were for a term of sixty years. The lower Appellate Court has dismissed the suit on the ground that it is premature. In appeal the only point strongly urged before us is that the term of sixty years was excessive having regard to the value of the property and the necessities of the family. This suit has not brought by the mortgagers but by the vendees and we do not think it is open to them, to raise this plea. In our opinion the appeal fails and is dismissed with costs.


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