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1924 Supreme(Cal) 412

HUGH WALMSLEY, B. B. GHOSE
H. V. Low and Co. – Appellant
Versus
Hazarimull Babu – Respondent


JUDGMENT

B.B. Ghose, J. - These three appeals arise out of three suits brought on different mortgages by the same plaintiff. In the suits out of which Appeals Nos. 3 and 4 arise, the defendants were the same. In the suit which has given rise to Appeal No. 19, the principal defendants were the co-sharers of the principal defendants in the other two suits who owned an eight-anna share of the mortgaged property. The appellants before us are Messrs. H.V. Low &. Co., Ltd., who were added as defendant No. 3 in the suits from which Appeals Nos. 3 and 4 arise and who were the defendant No. 8 in the suit which has given rise to Appeal No. 19. The suits were decreed by the Subordinate Judge against all the defendants. The mortgage in Appeal No. 3 is dated the 3rd April 1917. In Appeal No. 4, the mortgage is dated the 23rd September 1913 and in Appeal No. 19, it is dated the 10th of January 1917. The appellants before us are the lessees of two mouzahs called Simsa and Barkola and they obtained a mining lease from the mortgagors in Appeals Nos. 3 and 4 on the 10th February 1919 with regard to a moiety share of those two mouzahs. They also obtained a similar lease from the mortgagors in Appeal N

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