Allahabad Court October 1907 Judgments

Durga Vs. Balak Puri and ors.

Court: Allahabad

Reported in: (1908)ILR30All49

John Stanley, C.J. and Burkitt, J.1. This is an appeal against the decree of the Subordinate Judge of Allahabad in a suit brought by Musammat Parbhawati, one of the four daughters of one Nar Singh Bhan, for redemption of two mortgages of the 7th of July 1871 and 26th of September 1871, executed in favour of the Akhata Panchaiti to secure two sums amounting together to Rs. 6,000. Nar Singh Bhan died on the 1st of July 1886, and upon his death some litigation ensued between the parties who were interested in his property. It is unnecessary to deal with this litigation; suffice it to say that on the 19th of February 1895 possession of the substantial part of the mortgaged property was surrendered by the Akhara to the three surviving daughters of the mortgagor; only a small tiled house of little or no value remained with the mortgagees. The plaintiff Musammat Parbhawati was at this time a minor. It is alleged by the Akhara Panchaiti that on the 5th of February 1895 a sum of Rs. 5,700 was p...