| Citation(s) |
|---|
| 1952 SLG 156 1952 SLD 156 1952 PLD 372 |
Lahore High Court
Regular Second Appeal No. 73 of 1951, decided on 16th May, 1952 from the decree of A. Lazarus, District Judge, Gujranwala, dated the 22nd day of November, 1950. affirming that of Khan Salah-ud-Din Hanif, Senior Civil Judge, Gujranwala, dated the 31st Jan
KAYANI, J
B. Z. Kaikaus, for Appellants. Malak Muhammad Amin, for
Respondents.
Regular Second Appeal No. 73 of 1951, decided on 16th May, 1952 from the decree of A. Lazarus, District Judge, Gujranwala, dated the 22nd day of November, 1950. affirming that of Khan Salah-ud-Din Hanif, Senior Civil Judge, Gujranwala, dated the 31st Jan
KAYANI, J
B. Z. Kaikaus, for Appellants. Malak Muhammad Amin, for
Respondents.
MUHAMMAD HUSSAIN and another
VS
INAYAT ALI and others
Law:
Section:
Transfer of Property Act (IV of 1882)---------Ss. 60, 61-Plaintiff -mortgagors must sue to redeem the entire mortgage and not their own share only-One of the mortgagors alone subsequently mortgaging property to mortgagee-Plaintiffs-mortgagors not bound to redeem such subsequent mortgage along with the first. If the plaintiffs wish to redeem 'the first two mortgages they must redeem them entirely and cannot ask for their own share only. They must pay the entire mortgage-money and if that is so, they must obtain the entire property under mortgage. Even if the plaintiffs or their father had been a party to the third and the fourth mortgages, they were not bound to redeem these mortgages and they could redeem only the first two mortgages separately unless there had been a clear "contract to the contrary." JUDGMENT KAYANI, J.-The following brief pedigree-table will be useful for understanding the facts of this case :- X | __________________ |_________________ | | Sardar-Mst. Jiwan Nawab Defendant | No. 15. | ____________| | ____________|____________ | | Muhammad Hussain Lal Plaintiff No. 2. Plaintiff No. 2. The suit was for the redemption of a mortgage and as it has failed in the two Courts below the plaintiffs have come up in second appeal. They stated in the plaint that on the 1st of June 1906 their father Nawab and their uncle Sardar executed a mortgage for Rs. 600 in respect of the land in suit, in favour of four persons who are predecessors-in-interest of defendants Nos. 1 to 15. One of these four persons was Mahand and another was his brother Mehr Dad. Mehr Dad having died his interests were represented by Mahand. Thus Mahand became a mortgagee in respect of half of the land in suit. It was further stated in the plaint that on the 21st February 1927 a second mortgage relating to the same property was executed by Nawab and Sardar in favour of Mahand alone for Rs. 1,000. This mortgage, it was alleged, was valid only to the extent of Rs. 300, the rest of the amount being fictitious. Finally, there was a prayer for a decree for possession of 45 kanals and 10 marlas of land by redemption. The amount for which it was redeemable was not stated. In the written…
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