MOHD MOHSIN Vs. KAUSAR RAZA

JUDGEMENT

(1.) THE following pedigree will elucidate the facts of the case:

(2.) KHAIRAT Husain, a Shia Muslim, died leaving two daughters as his heirs. His immovable property consisted of 3 villages, Garhi Rakhmau, Murligang and Rasoolabad. After the death of Tayyab -un -nissa, her eldest son, Jawad Husain, laid claim to the whole property and got mutation effected in his favour alone. It is no longer in dispute that as a matter of fact Tahir -un -nissa, and after her, her sons, were entitled to and the latter got, an eight annas share and each of the four sons of Tayyab -un -nissa was entitled to and eventually got a two annas share.

(3.) ON 21 -12 -1895, Jawad mortgaged the whole property to Raja Tasadduq Rasul Khan of Jahan girabad to secure a loan of Rs. 25,000/ - and agreed to pay interest at 7,1/2 per cent. Taeed Husain and Rashid Husain signed the deed as witnesses. The deed was without possession but there were certain stipulations which would enable the mortgagee to take possession and to enhance the rate of interest. The mortgagee never did in fact take possession.