- (1.) This is an appeal against a judgment and decree of a D. B. of the Allahabad H. C. dated 22-4-1943 which reversed on appeal those of the Civil Judge, Basti dated 6-11-1939.
(2.) The suit, out of which the appeal arises, was commenced by the pltf., whose successor the present applt. is, to recover a rum of Rs.11,935 by enforcement of and simple mtge, bond. The mtge. deed is dated 8-3-1926 and was executed by Raja Patteshwari Partap Narain Singh, the then holder of Basti Raj which is an impartible estate governed by the rule of primogeniture, in favour of Bhikhiram Sahu, the father of the original pltf. Ramdeo, [to secure a loan of Rs. 5500 advanced by the mtgee. on hypothecation of certain immovable properties appertaining to the estate of the mtgor. The loan carried interest at the rate of 9 per cent. per annual and there was a stipulation to pay the mtge. money within one year from the date of the bound. The mtgor. and the mtgee. were bath dead at the time when the suit was instituted, and the pltf. in the action was Ramdeo Sahu, the son and heir of the mtgee., while the principal deft., was the eldest son of the mtgor. who succeeded to the Basti estate under the rule of primogeniture. It was stated in the plaint that absolutely nothing was paid by the mtgor, or his successor towards the mtge. dues and the pltf. claimed the principal amount of Rs. 5500 together with interest at the rate of 9 per cent, per annum up to the date of the suit.
(3.) A number of pleas were taken by the non testing deft. in answer to the pltf's. claim, most of which are not relevant for our present purpose, the substantial contentions raised by the deft. were of a three-fold character. In the first place, it was urged that the document sued upon was not a properly attested or validly registered document and could not operate as a mtge, instrument in law. The second contention raised was that there was no consideration in support of the transaction, at least to the extent of Rs. 2000, which was represented by Items 3 and 4 of the consideration clause in the document. The third and the last material defence related to a claim for relief under the U. P. Agriculturists' relief Act.;