GAJADHAR TELI Vs. BHAGWANTA

JUDGEMENT

(1.) The facts of the case out of which this appeal has arisen are as follows:--On the 20th of June, 1885, Husain Ali and Jawwad Husain mortgaged 6 bighas, 1 biswa and 18 dhurs of zamindari to Radhe and Chirkil.

(2.) On the 19th of January, 1889, Husain Ali sold 3 bighas, 19 dhurs out of the same to Abid and Shafi, a part of the sale consideration being left with the vendees to pay off the mortgage (which they failed to do).

(3.) On the same date, Abid and Shafi and their two brothers, Nadir and Yusuf, mortgaged several properties to Mahadeo Prasad. Among these was the 3 bighas, 19 dhurs, zamindari purchased by Abid and Shafi alone. On the 4th of January, 1890, Radhe and Ohirkil sold their mortgagee rights under the deed of the 20th of June, 1885, to Nadir. In 1897, Mahadeo Prasad brought a suit for sale on his mortgage. Nadir was then dead and in his place Ashraf and Musharraf, his sons, were impleaded as his heirs.