FAQIR CHAND Vs. AZIZ AHMAD KHAN

JUDGEMENT

(1.) This appeal is concerned with a tangle of mortgages made over a number of years by one Jamil ul- Rahman. He owned or had interests in a variety of immovable properties which were scattered over the different transactions. Some have been brought to sale by one mortgagee or another; some have been redeemed by puisne mortgagees for the protection of their own interests, and subsequently transferred to other parties subject to the rights of prior incumbrancers; in some cases arrangements have been made as to the contribution due by the purchaser of this or that property; but no final settlement as between all the parties concerned has ever been come to either in or out of Court.

(2.) The mortgage with which the proceedings are directly concerned was dated 23 September 1899. It was the sixth in the series in order of date and comprised ten different properties, eight of which were also included in one or other of prior or subsequent mortgages. In 1911 the mortgagee under this deed sued upon his mortgage. A preliminary decree in the usual form was made on the 20 September 1912, and a final decree for sale on 16 May 1914.

(3.) Thereupon one Chotey Lal, defendant 1 in the suit, a puisne mortgagee in respect of one of the properties which had been ordered to be sold, known as Nagla, satisfied the decree by a payment of Rs. 20,000 odd, and by a deed of 15 July 1920, transferred the rights which he had thereby acquired to respondent and the predecessor-in-title of the other respondents. Chotey Lal's object was apparently to free Nagla from further liability, and having regard to similar arrangements which he had made with other parties who were also incumbrancers of Nagla, to provide for the realization of the moneys due under the decree from two other properties known as Shadipur and Inayetpur.