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1919 Supreme(All) 6

HENRY RICHARDS, LINDSAY, RAFIQUE
Chhaggan Lal Minor, through Musammat Lachhi – Appellant
Versus
Muhammad Hussain Khan – Respondent


JUDGMENT

Henry Richards, C.J. - The facts connected with this appeal are stated in my judgment delivered on the 1st of August 1916 and it is unnecessary to repeat them. It may, however, be well to summarise the result of the findings of the Court below upon the issues referred in conjunction with the statements made by the learned Counsel upon each side as to the mortgages. It appears that the principal property mortgaged in the mortgage of the 11th of July 1893 was a one third share in a certain Khata. The property hypothecated in the mortgage of the 29th of November 1893 was practically the same. In the mortgage of the 21st of August 1894 the same share in this Khata was mortgaged, and there was some additional property. In the mortgage of the 17th of May 1904 one sixth of this Khata (instead of one-third) is mortgaged and some additional property as well. The plaintiffs obtained a decree on foot of the mortgage of the 29th of November 1893, where by they were ordered to redeem the mortgage of the 11th of July 1893 when they would be entitled to sell the property for the aggregate amount of these two mortgages. That decree duly was made absolute and was put into execution and the

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