MAN MOHAN DAS Vs. JANKI PRASAD

JUDGEMENT

(1.) THIS is an appeal from a decree of the High Court of Judicature at Allahabad, dated September 16, 1938, which reversed a decree of the Court of the Subordinate Judge at Allahabad, dated August 18, 1934, and dismissed the plaintiff's suit with costs.

(2.) THE plaintiff-the appellant before the Board-is a money-lender, and the appeal arises out of a suit instituted by him as a mortgagee of the suit property on a mortgage, dated December 4, 1926, executed by defendants Nos. 1 to 3-respondents Nos. 1 to 3 in this appeal. THEse defendants did not contest the suit.

(3.) A written statement was filed by the receiver on behalf of the idol. Therein it was stated that Janaki Prasad (respondent No. 1) could not and did not properly safeguard the interests "of the idol; that the mortgage is not binding on the idol as it was executed by Janki Prasad as the owner of the property; that assuming there was a debt binding on the idol, Janki Prasad and other trustees were bound to pay it out of, the income of the trust property which was sufficient to pay for the debt;" and that the property of the idol was not in danger of being sold, nor could it be sold in execution.