GULZARI LAL Vs. ALI AHSAN

JUDGEMENT

(1.) This appeal has arisen out of a suit for contribution, which has been dismissed by the lower Court. The plaintiff has appealed.

(2.) The facts, which are no longer in dispute, are as follows. One Ali Ahsan owned villages Lalpur and Kuramai. He executed a number of deeds in respect of one or the other, or both, of those villages. We mention only such of them as are material for the purposes of this appeal. On the 18 November 1910, he executed a deed of mortgage in favour of Mauji Ram and Sita Ram to secure the payment of Rs. 3,500 with interest at 9% per annum compoundable every half year. Both the villages Lalpur and Kuramai were hypothecated. On the 17 March 1911, he executed an agreement to execute a zarepeshgi lease in favour of Mt. Aziz Fatima in respect of village Kuramai. A suit for specific performance was brought by Aziz Fatima and was decreed on the 25 January 1912. It was declared that the zarepeshgi lease to be executed in execution of the Court's decree should take effect from 17 March 1911. Zarepeshgi leases have been held to be usufructuary mortgages in ordinary circumstances and that zarepeshgi lease may be treated as such.

(3.) On the 22 March, 1911, he executed two deeds of simple mortgage, both in favour of Gulzari Lal, the appellant before us, for Rs. 6,000 and Rs. 2,000 respectively. The village Kuramai and a house were hypothecated to secure the advances to which the deeds related. On the 19 August 1919, he executed a deed of usufructuary mortgage in favour of Ahmad Hasan Khan and Muhammad Khalil, defendants 2 and 3, the respondents before us, in respect of village Lalpur.