KEKA Vs. SIRAJUDDIN

JUDGEMENT

(1.) This is a pltf's. appeal. The pltf. filed a suit for realisation of the money due on a mtge. dated 30-6-1933, by sale of the mtged. property. The mtge. deed was executed by seven persons, Sirajuddin, Mohammad Saghir, Abdul, Kabir, Ekram Khan, Sm. Saira, Sm Habibunnisa & Sm. Aisha. Ekram Khan is dead & he is represented by defts. 7 to 11 who are his legal representatives. The claim was for a sum of Rs. 3,000.

(2.) Various defences were taken, but we are now concerned with only two of them : (1) that Abdul Kabir & Sm. Habibunnisa were minors & they could not, therefore, be parties to the mtge. & (2) that Sm. Saira & Sm. Aisha were pardanashin women & the deed not having been explained to them the execution on their behalf was, therefore, bad.

(3.) The learned Munsif held that Abdul Kabir & Sm. Habiun-nisa were minors on the date of the mtge. & that it had not been established that Sm. Saira & Sm. Aisha, who were pardanashin women, had executed the mtge. deed in accordance with law relating to pardanashin ladies. The learned Munsif, therefore, dismissed the suit as against Abdul Kabir, Sm. Saira, Sm. Habibunnisa & Sm. Aisha, defts 3 to 6. He, however, decreed the suit against the other defts, after having reduced the amount as in his view the rate of interest was excessive.