NAWAB SYED GOLAM MOHIUDDIN HOSSEIN Vs. MUSAMMAT PARBATI

JUDGEMENT

(1.) This appeal arises out of an action to recover possession of a certain Hat called Alamgunj Hat.

(2.) On the 19 November 1898, corresponding to the 4 Aghran 1906, one Syed Ashgar Reza executed a mortgage bond in favour of Ram Chandra Babu, whereby amongst other properties he mortgaged the hat in suit. On the 30 March. 1904, the mortgagee obtained a mortgage decree directing the sale of the mortgaged properties. On the 7 June 1905, the hut was sold and purchased by the plaintiff for Rs. 16,000. She duly obtained possession of this hat on the 15 September 1905. Subsequently on the 9th. January 1906, the dwelling house of Syed Ashgar Reza, together with the adjoining site on which the hat is held, was sold under a certificate issued under the Public Demands Recovery Act and was purchased by the defendants. In March 1906, the defendants obtained possession of the properties purchased by them and thereafter dispossessed the plaintiff from this hat. In the month following, the plaintiff brought the present action for possession of this hut The defendants alleged that under their purchase they were entitled not only to the site but also to the hat which was held upon it. The learned Subordinate Judge has, upon these facts which are practically admitted, given the plaintiff a decree.

(3.) The first question which arises in this appeal is whether a hat can be the subject of a valid mortgage.