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1932 Supreme(All) 97

KING
Aziz Ullah Khan – Appellant
Versus
Court of Wards – Respondent


JUDGMENT

King, J. - This is an application in revision against an order passed by the District Judge to the effect that a mortgage decree and certain connected documents be amended. The applicant before us mortgaged certain zamindari property in a village called "Nawadiya Zamania Nagla," but by an accidental slip the property was described in the mortgage deed as being situated in the village "Nagla Zamania Nawadiya." The words are the same, but the order has been inverted by an accidental slip. It is admitted that there is no village bearing the latter name or at least that there is no village of that name in which the mortgagor has or ever had any interest. There was never any doubt as to the identity of the mortgaged property.

2. The mortgagee brought a suit upon the basis of the mortgage, obtained a preliminary decree, which was upheld by the appellate Court, obtained a final decree and brought the property to sale. The mortgagee himself purchased the property at the auction sale, obtained a sale certificate and obtained formal delivery of possession. Throughout all these proceedings the property was described erroneously as being situated in "Nagla Zamania Nawadiya" in accordanc

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