LAWS(ORI)-1977-2-7

SOGRA KHATUN Vs. BHAGABAN DAS KHANDELWAL

Decided On February 07, 1977
SOGRA KHATUN Appellant
V/S
BHAGABAN DAS KHANDELWAL Respondents

JUDGEMENT

(1.) THE sole unsuccessful defendant in both the courts below has preferred this appeal.

(2.) THE plaintiff's suit is for realisation of Rs. 1,600 on the averment that the defendant on 11-6-56 borrowed a sum of Rs. 800 from the plaintiff on the registered mortgage deed (Ext. 2) whereby the plaint Ka schedule properties were mortgaged in favour of the plaintiff.

(3.) THE defence case was one of denial of execution of any mortgage deed in favour of the plaintiff and passing of any consideration thereunder. Her case is that she is a Purdanashin lady, and taking advantage of the absence of her husband from the village, the plaintiff and P. W. 3 on false pretexts and misrepresentation got the said document signed and registered by the defendant.