The question decided was one of fact on which the Courts below had differed, whether the deed of mortgage referred to in their Lordships' judgment as executed on January 10, 1889, by Chaudhri Partab Singh and his two sons in favour of the respondent Nawal Kunwar was a genuine or fictitious transaction.
    The suit was brought in 1898 by Nawal Kunwar to enforce her mortgage.  The Subordinate Judge dismissed it, finding that no consideration had passed and that the mortgage was fictitious... (The Law Reports: Indian Appeals, v.35, 1908)