ONKAR Vs. BABU RAM

JUDGEMENT

(1.) This is a defendant's second appeal.

(2.) Plaintiff-respondent Babu Ram brought a suit against the present appellant Onkau and his deceased father Faqir Chand at also Ram Saran, the younger brother of Faqir Chand, for recovery of a sum of Rs. 4,480/- with interest pendente lite and future. The case of the plaintiff was that Faqir Chand was the Karta of the joint Hindu family constituted by him and the other two defendants and had taken a loan of Rs. 2,000/- in the year 1952 for needs of the family including maintenance of his minor brother, and son had mortgaged the house belonging to the family as security for the loan. The plaintiff claimed that in case the amount was not paid by the defendants, the same may be permitted to be recovered by the sale of the mortgaged property.

(3.) The defendants, and, particularly the present appellant, contested the claim, inter alia, on the ground that the loan which hat been taken by Faqir Chand was not for legal necessity nor was it for the benefit of the estate and as such the mortgaged property, which was the property of the joint Hindu family, was not liable to be sold nor could any amount be recovered from the appellant and his uncle Ram Saran.