MADHORAM SAND Vs. KIRTYA NAND SINHA

JUDGEMENT

(1.) THIS is an appeal from a decree of the High Court of Judicature at Patna dated March 19, 1937, which affirmed granting additional relief to the plaintiffs (respondents before the Board) the decree dated March 28, 1933, passed in their favour by the Subordinate Judge of Purnea.

(2.) THE appeal is by defendants 1st party.

(3.) ON August 15, 1905, Kalikanand and Kamalanand executed a simple mortgage for Rs. 1,00,000 of certain of their properties including the two annas and eight pies share of the estate bearing tauzi No. 1298 (the suit property) in favour of one Ramsuram Prasad. The mortgagors are now represented by their descendants, defendants Nos. 6 to 13, referred to in the pleadings as defendants 2nd party. They are respondents Nos. 12 to 19 before the Board.