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1944 Supreme(All) 231

MALIK, MATHUR
Jugal Singh alias Jugal Kishore – Appellant
Versus
Lochan Singh – Respondent


JUDGMENT

Mathur, J. - The suit out of which this appeal arises was brought by Lochan Singh plaintiff-respondent to enforce a hypothecation -bond dated 6th December 1928 executed by one Darbari Lal to secure a sum of Rs. 4000. Darbari Lal is dead and is now represented by respondents 2 to 4. The appellant Jugal Singh alias Jugal Kishore is a transferee of the mortgaged property and has been impleaded as such. It appears that one Mt. Mul Kunwar, widow of one Lala Hoti Lal who died in the year 1869 was in possession of the zamindari property in dispute situated in village Nehrai, pargana Hathras, district Aligarh holding a life interest therein. She made certain alienations in favour of certain persons and Darbari Lal as a reversioner of Lala Hoti Lal brought a suit No. 31 of 1928 in the Court of the Additional Subordinate Judge of Aligarh against the alienees from the widow to recover the property as well as the mesne profits. The suit was decreed conditional on the payment of Rs. 1655 in Court. Darbari Lal obtained this decree on 17th November 1928 and a few days after that on 6th December 1928 the present mortgage was executed.

2. One Rajan Lal had a simple money decree No. 597 of 19

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