BALKISHAN Vs. MTBUNDIA

JUDGEMENT

(1.) This is a plaintiffs appeal arising out of a suit on a mortgage

(2.) On 17 January 1917, Chhotey Lai deceased, the husband of Mt. Bundia, defendant 1 executed a simple mortgage in favour of Keshab Das, the predecessor-in-title of the plaintiffs, of three items of property, house No. 1, house No. 2 and some zamindari. Defendant 5 was impleaded simply as a donee of part of the zaminclari, and defendant 6 as having attached one of the houses in execution of a decree.

(3.) On 5 September 1921, the mortgagor sold house No. 1 to Pt. Balal Prasad, defendant 2.