DALIP SINGH Vs. CHAUDHRAIN NAWAL KUNWAR

JUDGEMENT

(1.) This is an appeal from, a Judgment and Decree of the High Court at Allahabad, bearing date the 17 November 1902, which reversed those of the Subordinate Judge of Meerut, dated the 23 December 1899. The substantial question as to which the Courts in India have differed, and which their Lordships have to decide, is whether a certain deed of mortgage, bearing date the 10 January 1889, represents a genuine transaction or a fictitious one.

(2.) The mortgagors were one Chaudhri Partab Singh and his two sons, one of whom was then a minor. The subject-matter of the mortgage was land and houses at Meerut. At the time of the mortgage Partab was indebted to several persons, partly on mortgages and partly on other securities, the principal creditors being one Munna Lal, the heirs of one Shibban Lal, and one Kishan Sahai, and it is clear that at that time Partab was in money difficulties.

(3.) The mortgage in controversy purports to be in favour of a lady named Nawal Kunwar, for Rs. 10,000. Nawal Kunwar was at that time residing in Partab's house, and she was the sister of his son-in-law.