LACHHMESHWAR SAHAI Vs. MOTI RANI KUNWAR

JUDGEMENT

(1.) NARBADESHWAR Sahai, a Hindu governed by the Mitakshara, died on August 28, 1926. He had been married three times and had a son by each wife. His eldest son was Ram Nandan, his second son was Lachhmeshwar, the plaintiff-appellant: his third son Sumeshwar was born in 1924. The defendant-respondent Musammat Moti Rani Kunwar was his third wife and was the mother of Sumeshwar.

(2.) THE suit out of which this appeal arises was brought by Lachhmeshwar against his step-mother in the Court of the Subordinate Judge of Bareilly on May 22, 1931. It was a suit for the enforcement by sale of two mortgages, dated September 18, 1926, and September 20, 1929.

(3.) THE properties mortgaged by the two deeds of September 18, 1926, and September 20, 1929, were different zemindari properties, but the respondent had derived title to them in the same way-viz. , under a deed of partition dated January 20, 1925, which had been embodied in a compromise decree dated March 27, 1925. THE first question which arises upon this appeal is whether the respondent's interest under this compromise was a transferable interest.