Mohammad Raza vs Bilqis Jehan Begam - 1934 Supreme(Oudh) 69

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1934 Supreme(Oudh) 69

Mohammad Raza – Appellant
Versus
Bilqis Jehan Begam – Respondent

JUDGMENT

1. This is a plaintiff's second appeal arising out of a suit for the recovery of a sum of money. Hakim Abdul Majid, defendant 1, and Nawab Syed Ahmad Husain Khan, defendant 2, borrowed a sum of Rs. 1,000 on foot of a pronote from the plaintiff, on 23rd August 1928. On the same date they executed a security deed hypothecating certain properties belonging to defendant 1 in favour of the plaintiff. The plaintiff instituted a suit to recover a sum of Rs. 1,540 on account of principal and interest due to him by the sale of the hypothecated properties. In the plaint it was alleged that defendant 3 had purchased those properties from defendant 1 under a sale deed, dated 24th January 1929, and so she was also made a defendant in the case. The suit was contested by defendant 3 tin various grounds, but we are not concerned with most of them here. One of the pleas taken by her was that there were two previous mortgages executed by defendant 1: one of them was in favour of B. Mohan Lal and the other was in favour of Gokaran Nath. Defendant 3 paid the amounts due to these prior mortgagees and she claimed to be subrogated to their position. So far as the mortgage of Gokaran Nath was conc