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KING
Sheikh Moin Uddin – Appellant
Versus
Maqbul Alam – Respondent
JUDGMENT
King, J. - This is a plaintiff's appeal arising out of a suit to recover a sum of Rs. 1,625 by sale of certain mortgaged property. The plaintiff also claimed a personal decree for recovery of the same amount against defendant 1, Mt. Fasihunnisa.
2. Mt. Fasihunnisa, defendant 1, is the daughter of Fatma Bibi. On 29th of October 1919, Mt. Fasihunnisa and some other persons mortgaged certain immovable property for a sum of Rs. 20,000 in favour of Madho Prasad and Manmohan Das. On 16th February 1920 Mt. Fasihunnisa sold a certain share of the mortgaged property to one Siddiq Ahmad. No portion of the sale consideration was left ; with the vendee for payment to the mortgagees. It was agreed that the vendor herself should pay Rs. 1,000 out of the sale consideration to the mortgagees in satisfaction of the mortgage debt so far as the property sold was concerned. On the same day Mt. Fatma Bibi executed security bond in favour of Siddiq Ahmad undertaking to indemnify him in case he lost any part of the property sold to him, or had to pay any part of the mortgage money due from Fasihunnisa. In these events the vendee was entitled to recover the sale price or the damages, from the prope
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