BARKAT-UN-NISSA BEGAM Vs. MAHBUB ALI MIAN

JUDGEMENT

(1.) Khurshed Ali Mian and his wife, Musammat Latif-un-nissa, executed the two mortgages, the subject of this appeal--(1) dated the 14th of June, 1899, in favour of Darbari Lal, for Rs. 3,000; and (2) dated the 27th July, 1900, for the same amount in favour of Darbari Lal and Lalta Prasad.

(2.) They had also executed two other mortgages, dated the 29th of November, 1897, and the 10th of August, 1899, in favour of Lalta Prasad alone. Those two mortgages formed the subject of the connected suit, and are disposed of by our judgment in First Appeal No. 264.

(3.) The only reason for mentioning this fact is because the two suits were tried together, and the evidence was recorded as one only, and in order to appreciate correctly the evidence in this case, it is necessary to remember the circumstances of the other case as well.