High CourtsDivision Bench(1922) 05 AHC CK 0008

Ram Samujh and Another vs Sheoraj Tewari and Others

Allahabad High Court · Decided on 23 May 1922 · Citation: 77 Ind. Cas. 56

HON’BLE JUDGES
Stuart, J · Ryves, J

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Judgment

1 paragraphs · 111 words
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.