D.Falshaw, J. - (1.) This is a suit brought by the Punjab Commerce Bank Limited in liquidation against Shrimati Parkash Ahuja as the widow and legal representative of Brijmohan Lai Ahuja for the recovery of Rs. 56,412-13-0.
(2.) The plaintiff's case is that on the 14th of March, 1947, Brijmohan Lai Ahuja borrowed Rs. 55,000 from the Lyallpur branch of the plaintiff bank and as a security for that mortgaged two houses on Railway Road, Lyallpur, and some land in favour of the bank. No repayment has, however, been made and the sum claimed represents the principal sum advanced together with interest up to the 15th of Aug., 1947, no interest after that date being claimed as the debtor is admittedly a displaced person. Brijmohan Lai Ahuja, the debtor, has since died and his widow is now sued on the basis of the mortgage. She did not appeal in spite of service and proceedings were taken against her ex parte.
(3.) It has been stated by the employee of the plaintiff bank, who has appeared as the only witness, that the original mortgage deed was left behind in Pakistan, but since the claim is not contested I see no reason for doubting that the mortgage did in fact take place. The mortgaged property is obviously no longer available but the bank's witness has stated that the defendant has had her claim in respect of the property duly verified under the provisions of the Displaced Persons (Compensation and Rehabilitation) Act (44 of 1954). The bank claims to proceed against any compensation which may be paid to the defendant by the Government in respect of this claim. Apart from any special legislation on the point this is in consonance with the principle of substituted security contained in the Transfer of Property Act.;