HIRA BIBI Vs. RAM HARI LAL

JUDGEMENT

(1.) This is an appeal from a judgment and decree, dated June 10, 1921, of the High Court of Judicature at Patna, partly affirming and partly reversing a judgment and decree of the District Judge of Patna. The suit was brought to enforce a mortgage, dated August 17, 1906. It was pleaded by the defendants (appellants; that the mortgage bond is void by reason of its not being attested in accordance with the provisions of the Transfer of Property Act IV of 1882, Section 59.

(2.) The only important question upon this appeal is in regard to the appellant Musammat Hira Bibi and her liability on the mortgage bond. It is admitted that she actually signed the bond, but it is a document which requires attestation by witnesses, as is provided by statute.

(3.) Hira Bibi is a purdanashin lady. The evidence shows, beyond contest, that when Hira Bibi signed the mortgage bond not one of the persons who signed as witnesses was present or Haw her sign it. She was behind the purdah. Anant Prasad, her son, took this deed, and others, inside the purdah. He came out and told those outside, and out of sight of Hira Bibi, that she had signed the deed, and alter this all those signed whose names appear as witnesses.