HARI NARAIN BANERJI Vs. SHAMA SUNDARI DASI

JUDGEMENT

(1.) Shama Sundari defendant No. 1 executed in favour of one Jaga Nath Shaha, defendant. No. 2, two mortgage bonds by which as security for payment of the mortgage debts she hypothecated 8 annas share of the darpatni right in Taraf Nathi. The first of these deeds was executed on the 16 Agrahan 1302 (28 November 1895) and was for a debt of Rs. 621; the second was executed on the 29 th Jaista 1304 6 June 1897, and was for a debt of Rs. 713.

(2.) Shama Sundari with her daughter, daughter's son, etc., executed on the 20 June 1898 a third mortgage bond in favour of the plaintiff, Hari Narain Banerji, to covera debt of Rs. 4,237 and hypothecated as security not only the 8 anna darpatni right already mortgaged in the two previous bonds but also the 8 anna patni right in the same property and eight anna zemindari and putni rights in other properties.

(3.) On the 14 January 1903, the plaintiff paid off the two debts due on the bonds of Jaga Nath Shah and the payments were endorsed on the bonds and the bonds handed over to the plaintiff.