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1920 Supreme(All) 354

SULAIMAN, TUDBALL
Nand Kunwar – Appellant
Versus
Sujan Singh – Respondent


JUDGMENT

1. This is a defendants' appeal which has arisen out of a mortgage suit on an application by the decree-holder for a final decree. The facts are as follows :

Two persons, Hari Singh and Sahib Singh' on the 22nd of June 1871 created a simple mortgage over the property in suit in favour of one Sujan Singh (not the present respondent). On the 17th of March 1876 they created another simple mortgage on the property in favour of one Lachcho. On the 27th of July 1878 Sujan Singh sued upon his mortgage without impleading Lachcho, the puisne mortgagee. The property was finally put to sale in execution of the decree and was purchased by Rudra Singh, the husband of the appellant, Musammat Nand Kunwar, in May 1892. Since then she has been in possession thereof. On the 3rd of June 1911 Musammat Bhawani, daughter of the original puisne mortgagee, and her son brought a suit on the mortgage of 1876. The plaintiff impleaded the auction-purchaser under the sale of 1892 and also the representatives of the prior mortgagees. The decree that was passed is to be found at page 2 of the appellants' book, It decreed the plaintiff's claim for Rs. 6,000 with costs and future interest and gave the mortg

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