SUDHIR CHUNDER SETT Vs. SPED ABDULLA-UL-MUSAVI

JUDGEMENT

(1.) This is a suit on a mortgage, dated the 15th of April 1902, executed by one Syed Moulvi Saderuddin Ahmed and his wife Sayadani Aimana Bibi in favour of Srimati Kadambini Dasi and Srimati Mrinalini Dasi. The 1st plaintiff is the sole executor of Srimati Kadambini Dasi. Rs. 4,000 and the security was the house Rs. 4 000 and the security was the house No. 10, Wellesley Square, in Calcutta, and a piece of rent-free land, one bigha in area, in Bohar in the district of Burdwan, butted and bounded in the manner stated in the first paragraph of the plaint.

(2.) The Muhammadan defendants are the representatives of the mortgagors. The defence of one of them is that his father the mortgagor, and his step-mother! Sayadam Amana Bibi, never had any rent-free land (measuring one bigha or otherwise) in Bohar in Pergana Banihati in the District of Burdwan; as referred to in the first paragraph of the plaint and described in the deed of mortgage He denies that there was any such plot of land, and suggests that it was a fictitious plot mentioned in the deed of mortgage in fraud of the law of registration and that the registration of the mortgage being invalid, the plaintiff cannot get relief in respect of the same. He further does not admit the receipt of consideration

(3.) The issues were: Whether the suit was bad for non-joinder of parties. We are not concerned with this now. This was the fourth issue. The fifth issue raised the question whether the mortgage was executed by the mortgagors and there was any consideration. This issue was decided in favour of the plaintiffs by the learned Judge, and there has been nothing said against his decision on this point. There is no question in this appeal about the merits of the appellants case.