Judgement

Appeal (No. 91 of 1926) from a decree of the High Court (April 8, 1924), reversing a decree of the Subordinate Judge of Aligarh.

In 1907 the predecessors in interest of the respondents sold certain immovable property to the predecessors in interest of the appellants by a deed of sale, the material provisions of which appear from the judgment of the Judicial Committee. The vendees paid the price and obtained possession. Subsequently it was discovered that the property was subject to a mortgage executed in 1882 in addition to a mortgage mentioned in the deed of sale. Under this mortgage of 1882 a mortgage decree was made in 1914 against both the vendors and vendees. In 1920 the decree was put in execution against the property, and the present appellants were compelled to pay thereunder Rs. 13,234.

The appellants brought the present suit to recover that sum.

Law Rep. 55 Ind. App. 135 ( 1927- 1928)

Bhagwati V. Banarsi Das 2

The Subordinate Judge made a decree, allowing the claim, but it was set aside by the High Court. The learned judges (Mukerji and Dalai JJ.) were of opinion that the clause in the sale deed set out in the present judgment excluded the obligation of the vendor