HAJI MUHAMMAD AHSANUL TAUHID Vs. SHAH AKHTAR HUSSAIN

JUDGEMENT

(1.) This is a very unfortunate case in that the plaintiff appellant is going to lose his entire mortgage money due to wrong legal advice,

(2.) The circumstances in which the present appeal has been brought before this Court by the plaintiff may, briefly, be stated as below : On the 16th March, 1915, defendant No. 1 executed a usufructuary mortgage bond, exhibit 1(b), for a sum of Rs. 4,000/- in favour of the plaintiff for a term of two years. The due date of redemption, as mentioned in the bond itself, was 15th March, 1947. Subsequently, on the 11th October, 1946, defendant No. 1 executed another usufructuary mortgage bond in respect of the same property for Rs, 2,500/- in favour of the plaintiff, exhibit 1(c). The date of redemption of this bond was 10th October, 1948.

(3.) After the execution of the first Ijara on 16th March, 1945, the defendant No. 1 took a lease back of the mortgaged house for two years, and executed a kerayannama in favour of the plaintiff (exhibit 3). After the execution of the second Ijara, exhibit 1(c), the defendant No. 1 again took lease back of the mortgaged house for two years, and executed a kerayanama on llth October, 1946, exhibit 3(a).