Allahabad Court February 1946 Judgments

Mt. Shyam Dei Tawaif Vs. Mt. Mahmoodunnisa Bibi

Court: Allahabad

Reported in: AIR1946All382

Iqbal Ahmad, C.J.1. This is an appeal by a judgment-debtor and arises under the following circumstances. Two brothers Oudh Behari and Kunj Behari executed a deed of simple mortgage on 12th September 1932, in favour of Mt. Mahmoodunnisa Bibi, respondent in the present appeal. The mortgage was for a sum of Rs. 8000 and the property mortgaged consisted of village Ibrahimpur and shares in two villages Khanpur and Dostpur. Again on 8th March 1934, Oudh Behari executed a simple mortgage in favour of Mahmoodunnisa Bibi for Rs. 1200 mortgaging portions of shares of the three villages named above. Thereafter on some date, which does not appear from the record, Oudh Behari executed a deed of gift with respect to a portion of his share in Ibrahimpur in favour of his mistress, Mt. Shyam Dei who is the appellant in the present appeal. It is common ground that portions of the three villages were sold to certain transferees by mortgagors and portions of the debts due under the two mortgages were left...