Sir Shadi Lal:-

This appeal has been brought from a decree of the High Court of judicature at Allahabad dated 12th November 1931, which reversed a decree of the Additional Subordinate Judge of Shahajahanpur, dated 18th September 1928, and dismissed the appellant's suit with costs. The plaintiff, who is the receiver of a firm known as Sahi Mal Manohar Das, brought the suit, which has given rise to this appeal, to enforce a mortgage executed on 1st November 1916 in favour of the firm by one Mt Imam Begum and her son Bashir Udd. The mortgage was made in order secure the repayment of Rs. 7,500 with interest thereon at Rs. 9 per cent per annum.

The claim was resisted by Mt. Imam Begum, who denied the execution of the mortgage deed and the receipt of the consideration. She pleaded that she was a pardanashin lady, and was, at the time of the execution of the mortgage old as well as deaf; and that she was not hound by the transaction, as the deed was neither read out, nor explained to her. She described her son Bashir Uddin to be a spendthrift, and repudiated her liability for the loan, if any, contracted by him. The trial Judge found that the mortgage deed was executed by both the defendant