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1921 Supreme(All) 17

SULAIMAN, TUDBALL
Pancham – Appellant
Versus
Ansar Husain – Respondent


JUDGMENT

1. This is a plaintiff's appeal arising out of a snit for sale brought on the basis of a mortgage deed, dated the 21st of February 1893, purporting to hare been executed by two persons, Zanwar Husain and his mother, Musammat Sadar-un-nissa, in favour of the plaintiff-appellant, Pancham, According to the document Rs. 4,000 was the loan and it was secured on two classes of property. Firstly, pure Zemindari in Mauza Deoria and Chak Muhammad Panah, Perganah Jhusi, of the Allahabad District and 13 items of property which the mortgagors of held as mortgagees from other persons. Among these 13 items were two mortgages of property in Mauza Chintemanpar and Sidhaura. Oat of the sum of Rs. 4,000, Rs. 1,400 purported to have been paid in cash prior to the registration and Rs. 2,600 purported to have been left with the creditor for payment of certain debts due from the mortgagors to other persons. They were as follows:

Rs. 1,000 due to Nawaz Khan on account of his decree.

Rs. 700 due to Ilahi Bakhsh of Utraon.

Rs. 400 due to Mir Zahid Husain who held a mortgage of sir land in Mauza Deoria; and

Rs. 500 to Lala Janki Prasad, Banker of the City of Allahabad,

2. According to the terms entered i

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