JUDGMENT

1. This appeal arises out of a suit brought for recovery of the amounts alleged to be duo on foot of three mortgages by sale of the mortgaged property. The mortgages are dated respectively the 22nd and 28th of March, 1905, and the 29th of June of the same year. The first mentioned mortgage was executed by Musammat Kubra, the defendant-appellant, and one Diwan Shah. The other two mortgages were executed by Diwan Shah purporting to act on his own behalf and under a power-of-attorney from Musammat Kubra. Musammat Kubra is the wife of one Hamid Husain. She became infatuated with the defendant Diwan Shah, a Persian adventurer, who made his appearance in Saharanpur. She left her husband's protection and went and lived with Diwan Shah. The husband took proceedings for restitution of conjugal rights and obtained a decree on the 19th of December, 1904, and on the 27th of March, 1905, Musammat Kubra was arrested and imprisoned for disobedience of the order of the Court to return to her husband. During the time that she carried on the intrigue with Diwan Shah, she made a gift of some of her property to him, namely, on the 8th of January, 1904, and on the 9th of October, 1905, she also