Lala Sumer Chand vs Himait Said - 1955 Supreme(All) 357

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1955 Supreme(All) 357

B. UPADHYA
Lala Sumer Chand – Appellant
Versus
Himait Said – Respondent

Advocates appeared:
S.K. Verma, For the Appellant / Syed Sadiq Ali, For the Respondent

JUDGMENT

B. Upadhya, J. - This is a defendants' appeal arising out of a suit for the recovery of dues in respect of a simple mortgage dated the 26th October, 1925, executed by one Wajahat Husain, defendant No. 9, in favour of Musammat Mahmudunnissa, the original plaintiff, who died during the pendency of the case leaving the present appellants as her heirs and legal representatives. Subsequent transferees were also impleaded and were the other defendants in the case.

2. Wajahat Husain executed a simple mortgage of some of his properties in favour of Sumer Chand and Jagmendardas for Rs. 2,000 on the 28th February, 1923. Thereafter he executed a second mortgage for Rs. 8,000 on the 8th of August, 1925, hypothecating the properties already mortgaged and some other properties in favour of one Chiranjilal, father of Sumerchand and Jagmendardas. A third mortgage was the one dated the 26th October, 1925, which is the basis of the suit giving rise to this appeal

3. In 1931 the heirs of Chiranjilal brought Suit No. 110 of 1931 On the basis of the second mortgage dated the 8th of August, 1925, and impleaded Mst. Mohammadunnissa as a subsequent mortgagee and obtaining a decree got the properties

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