Judgement

Appeal (No. 92 of 1934) from a judgment and decree of the Chief Court of Oudh (April 27, 1933) reversing a judgment and decree of the Subordinate Judge of Kheri (September 7, 1931).

The action out of which this appeal arose was brought by the appellants to recover principal and interest due under a mortgage deed in respect of certain property owned by the respondent, executed on September 8, 1924, by the respondent and her late husband in favour of the appellants to secure repayment of Rs. 12,500.

The respondent was an illiterate purdanashin lady, and when she executed the deed by putting her thumb mark on it she was in a room behind a curtain, her husband and two attesting witnesses who also signed the document being on the other side of the curtain. The questions were (1.) Whether the appellants had given sufficient proof of due attestation to satisfy the terms of s. 3 of the Transfer of Property Act, 1882, which, as amended by Act XXVII. of 1926, provides u and each of whom has signed the instrument in the presence of the executant "; (2.) whether the appellants had given sufficient proof in the case of an illiterate purdanashin lady that she thoroughly comprehended an