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1936 Supreme(Oudh) 16

Abdus Subhan Khan – Appellant
Versus
Nusrat Ali Khan – Respondent


JUDGMENT

1. On 4th May 1929, the plaintiff-appellant Khalilur Rahman, alias, Abdus Subhan, alias, Sabhu, executed a deed of mortgage (Ex. B-l) in favour of Ghayasuddin Ashraf, respondent 2 and Abu Said, respondent 3, for a sum of Rs. 11,500. The consideration for the mortgage consisted of the following items:

(1) Set-off against promissory note dated 9th February 1929, in favour of respondent 2, Rs. 2,000. (2) Set-off against promissory note dated 18th February 1929, in favour of respondent 2, Rs. 1,000. (3) Set-off against promissory note dated 28th February 1929 in favour of respondent 2, Rs. 1,000. (4) Set-off against promissory note dated 5th March 1929, in favour of respondent 2, Rs. 1,000. (5) Set-off against promissory note dated 20th March 1929 in favour of respondent 2, Rs. 500. (6) Set-off against promissory note dated 3rd April 1929, in favour of respondent 2, Rs. 650. (7) Set-off against promissory note dated 11th April 1929, in favour of respondent 2, Rs. 600. (8) Set-off against promissory note dated 4th March 1929, in favour of respondent 3, Rs. 2,350. (9) Set-off against promissory note dated 19th March 1929, in favour of respondent 3, Rs. 1,000. (10) Set-off against

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