KRIPA NATH Vs. GANGA PRASAD

JUDGEMENT

(1.) THIS is a plaintiffs appeal that arises out of a suit to recover Rs.17.800/ - by the enforcement of a sample mortgage bond executed on the 1st February 1933 by Ganga Prasad defendant No.1 in favour of firm Kirpa Nath Sri Nath which belonged to the plaintiffs Kirpa Nath and Sri Nath. The consideration of the mortgage was Rs.10,000/ - and the property mortgaged was a house situated in Mohalla Naughara in the city of Kanpur. The suit was filed on the 31st January 1946 and besides Ganga Prasad the mortgagor, the other persons impleaded in the suit; were Mst. Mahmooda Khatoon, Badri Das, Noor Elahi and Mohammad Rafiq who were alleged to be subsequent transferees of the property.

(2.) THE trial Court framed the following issues: -

(3.) THE plaintiffs have come up in appeal. During the pendency of the appeal Sri P.K. Banerji, the Official. Receiver, died and another official receiver was appointed. He was impleaded as respondent and is Sri Har Prasad Nigam. The property having been sold by the receiver to Sri Ganga Narain Maheshwari he too had been impleaded as a respondent in the appeal.