Allahabad Court November 1902 Judgments

Nawal Kunwar Vs. Bakhtawar Singh and ors.

Court: Allahabad

Reported in: 17Ind.Cas.644

1. This appeal arises in a suit brought by the appellant for sale upon a mortgage, dated the 10th January 1889, executed by the first defendant, Bakhtawar Singh, and his father, Partap Singh, for self and as guardian of his son, Risal Singh, the defendant No. 2, who was at that time a minor. The amount secured by the mortgage is Rs. 10,000, but the plaintiff alleges that she has paid only Rs. 8,337-9-0, which she seeks to recover with interest by sale of the mortgaged property. There was a prior mortgage in respect of the same property in favour of Munna Lal, the father of the third and fourth defendants. The plaintiff alleges that this mortgage has been discharged by her. Those defendants have purchased the mortgaged property from the first two defendants under a sale-deed, dated the 18th of July 1896, and have, therefore, been made parties to the suit. The fifth defendant, Banarsi Das, is the grandson of one Shibban Lal, who also held a prior mortgage in respect of the property mortg...