MUFASSIL BANK LTD Vs. MOLVI SUBHAN ULLAH

JUDGEMENT

(1.) This is an application for revision under Section 115, Civil P. C., and arises out of certain proceedings in a suit for redemption of a mortgage. On 23 October 1918, Mt. Saghir-un-nissa in consideration of Rs. 2,500 made a usufructuary mortgage of the property in dispute in favour of a company known as the Salt Company. This Salt Company became subsequently amalgamated with the Mofussil Bank Limited.

(2.) In 1926, Mt. Saghir-un-nissa made a simple mortgage of the same property in favour of Hansraj Saithwar. She sold her equity of redemption to Moulvi Subhan Ullah. Hansraj brought a suit for redemption of the mortgage deed dated 23rd October 1918, and impleaded the Mufassil Bank, the Salt Company, Mt. Saghir-un- nisa and Subhan Ullah as defendants.

(3.) A preliminary decree was passed under Order 34, Rule 7 on 30 April 1927. An application was made for the grant of a final decree on 22 December, 1927, and a final decree was obtained on 31 March 1928.