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1886 Supreme(All) 122

MAHMOOD, STRAIGHT
Behari Lal – Appellant
Versus
Habiba Bibi – Respondent


JUDGMENT

Straight, Offg. C.J.

1. This was a suit brought, by the plaintiff Behari Lal upon a bond, dated the 16th of September 1873 for Rs. 6 700, Purporting to have been executed by one Rafi-ud-dm, for himself and for hi, w.e., Habiba Bib. and by one Nurul Hasan on behalf of his wile Salima Bibi. The two ladies were the daughters of Fakhr-ud-din Ahmad, and Rah-ud-dm was his neuhew, and the property said to have been charged admittedly came to the hands of the obligors upon the death, of Fakhr-ud-din to whom it had belonged. The bond of the 16th of September 1873, was, as I have said, not signed by either Habiba Bibi or Sahma Bib and it we subsequently presented for registration by one Maula Khan, who professed to be authorized in that behalf by a power-of-attorney, dated the 17th September 1873. Now the bond can only be given in evidence and held to be binding against the ladies, qua their Immovable property charged therein, if it was duly registered, and the question whether it was so registered turns upon whether the power-of-attorney was in fact made by them, with their conscious consent and lull knowledge and comprehension of what they were authorizing Maula Khan to do. The Subo

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