MUSTT. JUBEDA KHATUN Vs. SULAIMAN KHAN

JUDGEMENT

(1.) THIS is an appeal under Clauses 15 of the Letters Patent against the judgment and decree of the learned single Judge of this Court dismissing the First Appeal No. 57/69 of the appellant. The appellant was the defendant in Original Title Suit No. 22/65 in the Court of the learned Assistant District Judge, Dibrugarh, a suit instituted by the present respondent for realisation of an amount of Rs. 19,800/ - on account of a loan against a mortgage deed which was executed by the defendant in favour of the plaintiff.

(2.) IT is not necessary to narrate the plaintiff's case in details as the learned Single Judge has narrated the case of the plaintiff and the defendant respective as set out in the pleadings. However, to get the grip of the background and to appreciate the contentions of the parties, it would be convenient to put respectively cases of the parties in brief :

(3.) WHETHER the mortgage deed was read over and explained to the defendant?