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1915 Supreme(All) 333

CHAMIER
Sheikh Raza Husain – Appellant
Versus
Musammat Hasan Jan – Respondent


JUDGMENT

Chamier, J. - I admitted this application for revision, because it appeared to me that the suit was by one of several joint mortgagors of Immovable property for contribution in respect of money paid by her for the redemption of the mortgaged property and was, therefore, excluded from the cognizance of a Court of Small Causes, being a suit of the kind described in Article 42 of Schedule II of the Provincial Small Cause Courts Act. On examination of the record which has now arrived, I find that the suit is not of the description which I had supposed. It appears that one Muhammad Razi, who held a general power-of-attorney from the plaintiff, joined with the defendant Raza Husain in borrowing Rs. 300 from a man called Lalta Prasad. As security for payment of the money they purported to mortgage certain property belonging to the plaintiff. Muhammad Razi, without reference to the plaintiff took advantage of the power-of-attorney in his favour to mortgage his employer's property and he actually signed the deed on her behalf as her miikhtar. The plaintiff had no knowledge of the transaction until a suit was brought upon the mortgage. In that suit a decree for sale was obtained by L

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