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1951 Supreme(All) 18

MALIK, MUSHTAQ AHMAD
GAURI SHANKAR – Appellant
Versus
NATHU LAL – Respondent


Advocates Appeared:
A.P.GUPTA, L.N.Gupta, SATISH CHANDRA

MUSHTAQ AHMAD, J.

( 1 ) THIS is a pltfs. appeal in a suit for recovery of Rs. 15,000/- as damages for breach o a covenant in a mtge. deed.

( 2 ) THE deed was executed by the pltf. on 11-11-1934 in favour of Lala Nathu Lal and Faqir Chand, defts.-resps. 1 and 2 respectively, for Rs. 16,000/ -. This amount comprised two items, one of Rs. 1292-8/- paid to the mtgor. in cash and the other of Rs. 14,707-8/- left with the mtgees. for payment to Manna Lal, Jagannath and Madho Prasad prior mtgees, under a deed dated 27-4-1933, executed in their favour by the pltf.-applt.

( 3 ) THE later mtge.-deed in favour of defts. 1 and 2 provided that the pltf. mtgor. was to receive Rs. 47 p. m. from those defts. It is agreed that the pltf. in all received Rs. 2115 on this account. The clause relating to the payment of the amount left with the defts. mtgees. to the prior mtgees. was worded thus: "rs. 14,707-8/- mtge. money relating to the mtge.-deed in favour of Lala Manna Lal, Jagannath and Madho Prasad mtgees. are left with the mtgees. for the purpose of satisfaction of principal and interest and relates to the mortgaged property. I the executant, after getting the same paid, or deposited in Ct. in m



















































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