QAYUMUNISSA Vs. RASHIDUL MALIK

JUDGEMENT

(1.) This is an application in revision against the decree of the learned District Judge, Lucknow, dated 11-13.1948.

(2.) The applicant Mt. Qaiyum-in-nisa was owner of grove No. 412 in qasba Malhiabad known as Terhwa grove. She mortgaged it without possession with Mt. Hamid Jehan Begam on 8-9-1923, for Rs. 2000, with interest at 10 per cent. per annum. On 11-9-1923, she created a further charge on the property by borrowing another sum of Rs. 500 from Mt. Hamid Jehan Begam, the rate of interest being 10 per cent. per annum.

(3.) Mt. Hamid Jehan Begam sold all her rights in the grove under the mortgage and the charge to Mt. Bahali Begam on 27-2-1925. After some negotiations carried on by Maqbul Ahmad, son of the mortgagor applicant, the present opposite party, Rashidul Malik, bought all the rights of Mt. Bahali Begam for RS. 2600 on 8-11-1927. The applicant then apparently found it difficult to pay up the interest stipulated in the mortgage and the charge and made no payment of interest. Some negotiations started in September 1929, when Rashidul Malik demanded the return of his money and on 18-6-1930, was executed a sale-deed Ex. 5 by the applicant in favour of the opposite party.