MT KANIZ FATMA Vs. IMAMUDDIN

JUDGEMENT

(1.) This is an application to revise a judgment of a learned Judge of the Small Cause Court.

(2.) It appears that the applicant who was the plaintiff in be Court below purchased a house from the respondent. The respondent assured the applicant that there was but only one encumbrance over the property. It however, turned out that one Hazari Lal also held a simple-mortgage over the property. Hazari Lal brought a suit on the mortgage and obtained a decree for sale. The applicant, as the purchaser of the property to save it, had to pay a sum of Rs. 170 and she sued the respondent to make her good this amount.

(3.) The learned Judge of the Court below dismissed the suit on the ground that the parties had express stipulations for compensation, and as the ease did not fall within those express stipulations, the suit could not be maintained.