MD SHAFIQULLAH KHAN Vs. MDSAMIULLAH KHAN

JUDGEMENT

(1.) This is a defendant's appeal arising out of a suit for recovery of money by sale. It appears that one Inayatullah Khan was the former owner of the property in suit and made a simple mortgage in favour of Ahmad Said Khan for Rs. 6,000 on 12 June 1912. He died in 1916. The defendant Muhammad Shafiqullah Khan is admittedly his son. There were three other persons, Nuhullah, Hakimullah and Halimullah, defendants 1, 2 and 3 who asserted themselves to be the legitimate sons of Inayatullah Khan, but whose legitimacy had been denied by Shafiqullah Khan. The names of these four persons were entered in the revenue papers against the property left by Inayatullah.

(2.) The mortgagee Ahmad Said Khan brought a suit on his mortgage and obtained a decree for sale. In 1919 Shafiqullah Khan paid one-fourth of the decretal amount and got a one-fourth share of the mortgaged property released from the mortgage.

(3.) On 19 May 1920, defendants 1, 2 and 3 borrowed Rs. 1,000 on a promissory note from one Tota Ram and on 20 May 1920, they deposited the amount and thereby partially discharged the mortgage decree.