GHULAM ABBAS Vs. RAZIA BEGUM

JUDGEMENT

(1.) Nawab Chunnan and Nawab Kallan were real brothers. The former had two sons, Nawab Amjad Ali Khan and Wilayat Ali alias Wilayat Husain and the latter had a son named Mubarak Husain. Amjad Ali Khan was married to Mt. Razia Begam, the plaintiff-respondent, who instituted the suit, which has given rise to this appeal, to obtain a declaration that she was the owner in possession of house No. 42/13, situate in Mohalla Chah-meh-man In the city of Banaras, and that Sheikh Ghulam Abbas (defendant-appellant) had acquired no title thereto by purchase at an auction-sale in execution of a decree against Amjad Ali Khan, who had no interest therein. Amjad Ali Khan, who was arrayed as a defendant in the suit, died during the pendency of the suit; and Razia Begam and Wilayat Husain now appear on the record as his legal representatives.

(2.) Nawab Amjad Ali Khan was the owner of two adjoining houses, bearing Nos. 15/60 and 15/61, situate in mohalla Chahmehman in Banaras. On 12-7-1919, he sold house No. 15/60 (new No. 42/12) to the appellant, Ghulam Abbas. The other house No. 15/61, at some time or the other, was given two numbers, No 15/61A (new No. 42/13) and No. 15/61 (new No. 42/14). It is said that there is an Imambara in the house and that portion of the house bears old No. 15/61, corresponding to new No. 42/14. As already stated, the plaintiff sought declaration in respect of house bearing new No. 42/13, which corresponds to old No. 15/61.

(3.) According to Sheikh Ghulam Abbas appellant's contention Amjad Ali Khan started Borrowing money in the year 1914, when he executed a mortgage in favour of certain persons. Then he sold one of his houses to the appellant. Thereafter, he executed another mortgage in 1925 and one more mortgage in 1927; and in order to pay off these mortgages, he executed a mortgage in favour of the appellant, on 27-7-1929, hypothecating the entire house No. 15/61. The money due on the last mortgage not having been paid, suit No. 32 of 1936 was instituted by the appellant in the Court of Civil Judge of Banaras. A preliminary decree was made on 28-5-1936; and it was made absolute on 6-2-1937. That is the decree in execution whereof the house in dispute was sold and purchased by the appellant.