Sita Ram vs Amir Begam - 1886 Supreme(All) 8

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1886 Supreme(All) 8

MAHMOOD, OLDFIELD
Sita Ram – Appellant
Versus
Amir Begam – Respondent

JUDGMENT

Oldfield, J. - This suit was brought on a bond, dated the 28th October 1878, executed by Amir Begam, widow of one Ghulam Rasul Khan, in consideration of an advance of Rs. 3,000. The plaintiff sought a decree for principal, with interest, and sale of the 5 biswas share in a village which the bond purported to hypothecate. The suit has been decreed in the Court below against the widow, Amir Begam, and against the son, Ali Sher Khan; but so far as it sought to make the shares of the five daughters of Ghulam Rasul Khan liable, and so far as it sought to interfere with a prior bond in respect of a 2 1/2 biswas share of the property, and the right of the respondents Alam Singh and others (auction purchasers), the plaintiff's suit was dismissed. The appeal is preferred by the plaintiff against that portion of the decision of the lower Court which was given against him.

2. The hypothecation-bond sued on purports to be made in the name of Amir Begam herself, in respect of her own property, acting on her own behalf and in her own right; and the suit also was brought on the allegation that the property hypothecated was owned and possessed by the executant of the bond; and it has not be

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