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HENRY RICHARDS, RAFIQUE, WALSH
Musammat Kamala Devi – Appellant
Versus
Gur Dial – Respondent
JUDGMENT
1. This appeal arises out of a suit for redemption of a mortgage. Amongst other pleas taken was the plea that the property had been acquired in the name of the plaintiff but really for her husband Khub Lal who occupied the Government post of registrar hanungo, and that under the rules dealing with the conduct of public servants, such an officer was not entitled to acquire property. The Court of first instance having found the other issues in favour of the plaintiff dismissed the plaintiff's suit, on the ground that the assignment to her was "contrary to public, policy". The lower Appellate Court without dealing with the other issues upheld the decision of the Court of first instance on the same ground. The plaintiff comes here in second appeal contending that the decision on the point of law was not correct. We have this day in a connected Second Appeal No. 1503 of 1914 See Musammat Bhagwan Deo v. Murari Lal 36 Ind. Cas. 259.--Ed. dealt with very much the same question. In that case a patwari had taken an assignment, in the name of his mother, pf a certain mortgage. A suit brought by the mother to enforce the mortgage was dismissed on the same ground. Section 234 of the Lan
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