Judgement

Appeal (No. 65 of 1938) from a judgment and two decrees of the High Court (June 24, 1936) reversing a judgment and decree of the Subordinate Judge of Khulna (September 29, 1934).

The suit out of which this appeal arose was brought by the appellant, the Bank of Khulna, Ld., on March 31, 1930, for the recovery of the principal and interest due under a mortgage deed, dated March 18, 1925, executed by Nirod Bashini Mitra, a Hindu purdanashin woman, her husband, Bhuban Mohan Mitra, and Jnan Prokas Mitra, her eldest son, for a loan of Rs.28,000, with compound interest at 13 annas per cent, per mensem, on the security of certain agricultural lands and a dwelling-house in the town of Khulna, all of which belonged to Nirod Bashini Mitra in her absolute title. The original defendants were the three executants of the deed, but both husband and wife died pending the hearing of the action, and the present respondents are their heirs.

The facts appear from the judgment of the Judicial Committee.

The Subordinate Judge held that Nirod Bashini Mitra was aware of the contract in the mortgage deed so far as it related to the agricultural lands, but that she was not aware of the inclusion in