GHULAM SARWAR KHAN Vs. ABDUL WAHAB KHAN

JUDGEMENT

(1.) IN this appeal, which is brought from a judgment and decree of the Judicial Commissioner, North West Frontier Province, dated July 28, 1948, a large number of questions have been debated upon which their Lordships think it unnecessary to express any opinion. The question which is decisive of the matters in dispute is a simple one and the relevant facts can be shortly stated.

(2.) RESPONDENT No.1 to this appeal, Abdul Wahab Khan, claiming that under and by virtue of a deed of August 23, 1939, he had acquired from one K. B. Muqarrab Khan, since deceased, all the rights which the latter enjoyed under a certain mortgage dated May 25, 1921, brought the suit out of which this appeal arises to enforce his rights as mortgagee under that mortgage. His suit was dismissed on various grounds by the Additional Subordinate Judge, Peshawar, on November 24, 1942, but his appeal from that decision was substantially allowed by the Court of the Judicial Commissioner.

(3.) OBJECTION was taken to this report by respondent No.1, but his objection was overruled by the Deputy Commissioner at Peshawar.