Newaskar, J. - (1.)PLAINTIFF Mishrilal sued defendant No. 1 Abdul Gani and defendant No. 2 Mohammad Hasan for recovery of Rs. 6435/ - on the allegation that defendant No. 1 had borrowed Rs. 2000/ - on 31 -3 -1951. Rs. 2000/ - on 2 -11 -1951 and Rs. 2000/ - on 27 -1 -1952 for business and by a document dated 31 -3 -1951 defendant No. 1 pledged his hotel with the plaintiff and by a subsequent deed dated 2 -11 -1951 he confirmed and continued that transaction of pledge and further agreed to work the hotel on behalf of the plaintiff as his servant on a monthly remuneration of Rs. 100/ -.
(2.)IT is further alleged that defendant No. 1 though he had agreed to repay the amount of Rs. 6000/ - by 27 -4 -52 failed to do so. On the other hand he transferred by sale the hotel including all the furniture and goodwill to defendant No. 2 just 3 or 4 days before 27 -1 -1953.
Defendant No. 1 in his written statement admitted that the hotel in question was sold by conditional sale to defendant No. 2 and that he was told about the fact of its pledge with the plaintiff.

(3.)DEFENDANT No. 2 on the other hand contended that he was a bona fide transferee for consideration in good faith and under a registered deed and was protected.
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