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1964 Supreme(Ker) 270

T.K.JOSEPH, T.C.RAGHAVAN
Popular Bank Ltd. – Appellant
Versus
Sainuba Beevi – Respondent


Judgment :-

1. The appellant, a bank in liquidation, filed a suit for recovery of over Rs. 5,000 from the 1st defendant, the husband of the respondent, on an overdraft guaranteed by the respondent and secured by a mortgage of her immovable properties by deposit of title deeds; and Raman Nayar, J., decreed the suit with costs against the husband, but dismissed the same with costs against the respondent and her properties. In appeal the bank questions the correctness of the decision; and claims a decree against the respondent and her properties as well.

2. The respondent, a Muslim woman, averred in her written statement that she had no knowledge of her husband's dealings with the bank and that she never guaranteed his debts. She said that her title deeds were in the custody of her husband and that he might have handed them over to the bank without her knowledge. She pleaded further that she signed the memorandum of deposit of title deeds and the guarantee bond; but, she did so without knowing their contents, since her husband asked her to sign. Her further allegation was that she was an illiterate woman, completely dependant on her husband for the management of her affairs; and that s














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