DEVENDRA PRASAD SUKUL Vs. SURENDRA PRASAD SUKUL

JUDGEMENT

(1.) THIS is an appeal against the judgment and decree of the High Court of Judicature at Patna, dated April 13, 1931, which reversed the judgment and decree of the Additional Subordinate Judge of Darbhanga, dated July 16, 1928.

(2.) THE appellants constitute a joint Hindu family, and on June 23, 1923, appellant No.1 as manager executed a mortgage bond in favour of certain persons to secure the repayment of Rs. 23,000. Most of the property mortgaged was joint family property, but some of it was the exclusive property of appellant No.1.

(3.) IN the suit the appellants seek a declaration that the sale deed of July 15, 1925, has become cancelled and null and void and that the respondents have ceased to have any right or title thereunder, and a decree for recovery of possession of the property. They also ask for a decree for Rs. 1,600 for interest and compound interest and for mesne profits.