ASHIQ HUSAIN Vs. CHATURBHUJ

JUDGEMENT

(1.) The action, was directed by the respondents, Chaturbhuj and Girdhari Lal, against three sets of defendants under the following circumstances:

(2.) On 1 May 1909, Syed Nazar Hussain (now dead) father of defendants 1-5, executed a simple mortgage in favour of the plaintiffs respondents for Rs. 3,000 with interest at 12 annas per cent. per mensem with half-yearly rests. The property mortgaged consisted of a 20 biswas zamindari share in qasba Amanpur mahal khewat No. 1, and a two and a half biswa share in mahal Nawazish Ali, khewat No. 3, patti Ram Lal. By a clerical error the second item of property was described in the mortgage-bond as a 2-biswa share in mahal, Nawazish Ali entered in khewat No. 2, patti Ram Lal.

(3.) The document was registered in the office of the Sub-Registrar of Tahsil Kasganj. District Etah, on 3 May 1909.