Judgement

Appeal (No. 68 of 1939) from a decree of the Chief Court (May 5, 1937) which affirmed a decree of the Additional Subordinate Judge, Sultanpur (August 2, 1935).

Law. Rep. 70 Ind. App. 1 ( 1942- 1943) Babu Raja Mohan Manucha V. Babu Manzoor Ahmad Khan 71

This was an appeal by the plaintiffs in a suit to enforce a registered mortgage, dated August 12, 1919, whereby a village called Mahona Poorab, in the district of Sultanpur in Oudh, was made security for the sum of Rs. 10,000, with interest at nine per cent, with half-yearly rests. The grantor of the mortgage was Iltifat Ahmad Khan, the defendants father, and the grantee was the plaintiffs father, Moti Lal Manucha. The deed contained a personal covenant to pay the interest half-yearly and to repay the principal at the end of three years. The suit was brought in the Subordinate Judges Court at Sultanpur on August 9, 1934, by which time both of the original parties to the deed had died. The plaint sought relief, both by sale of the mortgaged property and by enforcement of the covenant.

The defendants by their written statement of November 30, 1934, maintained, among other defences, that the mortgage sued upon was void, having