MALIK AHMAD WALI KHAN Vs. MUSAMMAT SHAMSI JAHAN

JUDGEMENT

(1.) This is an appeal from a decree of the High Court of Allahabad of the 24th February 1903, which set aside the decree of the Subordinate Judge of Bareilly of the 19th December 1900.

(2.) The plaintiff, Malik Ahmad Wali Khan, is brother of the half-blood of the two ladies who are defendants. In the year 1896 a criminal charge was pending against Sardar Wali Khan; a half-brother of the plaintiff and whole brother of the defendants ; and the various members of the family took steps to procure funds for the defence of the accused man.

(3.) On the 6th October 1896 the plaintiff and the defendants executed a mortgage bond of the ordinary kind for the sum of Rs. 10,000 in favour of Banarsi Parshad, by which the plaintiff hypothecated certain property belonging to him, and the defendants, certain property belonging to them.