HARI NARAIN BANERJEE Vs. KUSUM KUMARI DASI

JUDGEMENT

(1.) Shama Sundari, defendant No. 1, executed in favour of one Jagannath Shaha, defendant No. 2, two mortgaged bonds by which, as security for payment of the mortgage debts, she hypothecated an 8 annas share of the dar-patni right in taraf Nalhati. The first of these deeds was executed on the 16 Agrahayan 1302 (28 November 1895), and was for a debt of Rs. 621; the second was executed on the 29 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 29 June 1898, a third mortgage bond in favour of the plaintiff Hari Narain Bannerjee to cover a debt of Rs. 4,237, and hypothecated, as security, not only the 8-anna dar-patni right already mortgaged in the two previous bonds, but also the 8-anna patni right in the same property and 8-anna zemindari and patni rights in other properties.

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