ASGHARI BEGAM Vs. MAULA BAKSH

JUDGEMENT

(1.) This second appeal arises out of a suit brought by the plaintiff-respondent for sale of a certain property on the basis of a mortgage. The mortgage was in respect of two kinds of property; one was land and the other was a certain money charge created on other property. It is with the latter only that we have to deal in this second appeal.

(2.) The question is solely one of interpretation of a certain deed. This deed was executed by one Kishori Lal, a zemindar, in favour of two minor children in consideration of the mother of these children having given up her rights to claim an exproprietary tenancy.

(3.) The important portions of the deed are as follows: Therefore, in consideration of the relinquishment of their exproprietary rights Rs. 150 a year for maintenance in favour of Mohammad Abdul Hafiz Khan and Mohammed Abdul Aziz Khan minor sons of Mt. Ali-un- nissa, daughter of Ch. Mohammed Hidayat Ali Khan deceased resident of qasba Balram have been fixed for ever and after them to their descendants and successors-in-interest generation after generation and womb after womb.