ABDUL MAJID Vs. KSHERODE CHANDRA PAL

JUDGEMENT

(1.) This appeal arises out of a suit brought by the plaintiff to recover Rs. 1,300 being principal Rs. 80, and interest, Rs. 1,220, on a mortgage bond executed by three defendants on 1st Jaistha 1312.

(2.) The transaction was an unusual one and the facts found require to be carefully stated as well as the circumstances which are admitted in connection with the giving of the mortgage- bond and recited in the bond itself.

(3.) It appears that Abdul Majid, defendant No. 1, mortgaged 6 annas of a raiyati jote in which his brother, defendant No. 2, was also interested while defendant No. 3 a relative, mortgaged three 6-anna shares of jotes and an 8-anna share of a howla belonging exclusively to him.