LAWS(PVC)-1931-12-25

NIAZ AHMED Vs. PHUL KUNWAR

Decided On December 08, 1931
NIAZ AHMED Appellant
V/S
PHUL KUNWAR Respondents

JUDGEMENT

(1.) On 22 August, 1917, one Sirajuddin took a lease of certain zamindari property from Rani Phul Kunwar. A patta and a kabuliyat were executed in evidence of this transaction and the lessee agreed to pay to the lessor Rs. 2,500 in certain instalments. On the same date, Niaz Ahmed stood surety for the lessee and executed a surety bond in favour of Rani Phul Kunwar, whereby he agreed to pay her Rs. 2,500 together with interest at a certain rate in case of default on the part of the lessee and hypothecated his immovable property in her favour.

(2.) The lessee did not pay the stipulated instalments and a right of suit accrued to Rani Phul Kunwar against the lessee and his surety. In 1924, the surety applied to the Bombay High Court to be declared an insolvent. It is said that notice of this application was issued to Rani Phul Kunwar. We do not know why this notice was given. A copy of this notice is not on the record and we do not know its contents.

(3.) Niaz Ahmed was duly adjudicated an insolvent. Later on he applied for his discharge. Notice of his application was given to his creditors and presumably to Rani Phul Kunwar who was misdeacribed as the "wife of H.H. Maharajah Ranjit Singh." Rani Phul Kunwar was not the wife but the widow of Rai Bahadur Chaudury Ranjit Singh. The insolvent was duly discharged by the Bombay High Court on 17 August 1926. Rani Phul Kunwar sued on her mortgage and obtained a decree for principal and interest by the sale of the mortgaged property. The decree was passed for a sum of Rs. 4,643-9-0. A final decree was obtained against the mortgagor and in execution of this decree his property was sold for Rs. 479.