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1885 Supreme(All) 136

MAHMOOD, OLDFIELD
Sri Matra Mautangui Debia – Appellant
Versus
Janki Prasad – Respondent


JUDGMENT

Oldfield, J. - The plaintiff-respondent holds a deed of mortgage, unregistered, dated the 15th February 1872, executed in his favour by Ungan and others, mortgaging the property in suit.

2. The mortgagors executed another deed of mortgage, dated the 18th December 1880, which was registered, in respect of the same property, in favour of Sundar Lal; and they also executed a third unregistered deed of mortgage in respect of the same property, on the 26th July 1881, in favour of Sundar Lal. Sundar Lal obtained a decree on the 6th February 1882, upon the last deed, for sale of the property mortgaged, had it attached, and sold in execution, and it was purchased by the defendant Janki Prasad, appellant, before us. Janki Prasad subsequently satisfied the mortgage under the registered deed of the 18th December 1880, which was delivered to him. The plaintiff-respondent has brought this suit to recover the money due to him on the mortgage-deed, dated the 15th February 1872, by sale of the mortgaged property. He made Ungan the mortgagor, and Janki Prasad the purchaser of the property, defendants in the suit. We are only concerned in this appeal with the claim against Janki Prasad. The m

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