WAHID-UN-NISSA Vs. GOBARDHAN DAS

JUDGEMENT

(1.) This appeal has been brought in a suit which aros out of the following facts: On the 19 April 1878, Mussammats Habiban and Bina made a simple mortgage of 544 bighas 2 biswas in favour of Kaim Ali Khan, Mazhar Ali Khan and Nazar Ali Khan for Rs. 1,500, and on the 29 January 1886, Habiban alone mortgaged a fourth share of the same property to one Gobind Bam, She subsequently made two other mortgages, to which it is not necessary to refer.

(2.) The first mortgagees brought a suit upon their mortgage against one of the mortgagors and the heirs of the other, and obtained a decree for sale on the 1st August 1889. The decree is No. 72 of 1889, and the amount of it was Rs. 3,306- 14-6. The puisne mortgagees were not joined as parties to the suit.

(3.) Bansidhar, one of the defendants in the present suit, held a simple decree for money against Kaim Ali and others, the first mortgagees, and in execution thereof caused the aforesaid decree to be attached. As attaching creditor he took out execution of the decree, caused the mortgaged property to be sold by auction on the 24 March 1894, and purchased it himself for Rs. 1,050. On the 24th November 1894, he sold the said property to Wahid-un-nissa and Jan Muhammad, defendants, for Rs. 4,400, and those persons, on the same date, made a usufructuary mortgage of it to Dungar Singh and others, defendants, fourth party, for Rs. 6,000. These defendants are admitted to be in possession of the property.