Mata Din Kasodhan vs Kazim Husain - 1891 Supreme(All) 26

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1891 Supreme(All) 26

Mata Din Kasodhan – Appellant
Versus
Kazim Husain – Respondent

JUDGMENT

Sir John Edge, Kt., C.J. - This is a Second Appeal, and is brought by the plaintiff in the suit from the decree of the late District Judge of Gorakhpur of the 30th of May 1888, which dismissed the plaintiff's appeal below, and confirmed the decree of the Subordinate Judge of Gorakhpur dismissing the plaintiff's suit so far as it related to his prayer for a decree for sale of a 4-anna share in mauza Barwa Kutwa in enforcement of an hypothecation lien. On the 10th of September 1882, two brothers, named Kazim Hasan and Nadir Hasan, in consideration of Rs. 2,901 advanced to them by Hari Prasad, one of the defendants-respondents before us, executed a simple mortgage in his favor, and thereby hypothecated an 8-anna share in mauza Barwa Kutwa and a 5-anna share in mauza Biswa Kutiya.

2. On the 23rd of February 1884, Hari Prasad advanced a further sum of Rs. 2,799 to Kazim Hasan and Nadir Hasan, and in consideration of that advance they on that date executed a simple mortgage in favor of Hari Prasad, by which they hypothecated the same 8-annas share in mauza Barwa Kotwa and 4 annas of the 5-annas share of Biswa Kutiya hypothecated by the deed of the 10th of September 1882, and in ad