SURENDRA BAHADUR SINGH Vs. BEHARI SINGH

JUDGEMENT

(1.) THIS is an appeal by the plaintiffs in the suit against a judgment and decree of the High Court of Allahabad dated November 28, 1933, whereby the appeal of one of the present respondents, viz. Lachman Singh, was allowed and the suit as against the said Lachman Singh and :his share of the mortgage property was dismissed. The plaintiffs are Kunwar Surendra Bahadur Singh and his two manor sons and the suit was brought for foreclosure of a mortgage dated June 23, 1909, purporting to be executed by Himmat Singh (now deceased), Mulu Singh and Musammat Jamna Kunwar, mother and certified guardian of the said Lachman Singh, who was then a minor, in favour of Surendra Bahadur Singh in respect of certain zemindari property to secure a loan of Rs. 18,000 and 4 1/2 per cent. interest in order to pay off prior mortgages at a higher rate of interest. The defendant-respondents Nos. 1-9 are heirs of Himmat Singh, No.10 is Lachman Singh, Nos. 11, 12 and 13 are Mulu Singh and his two sons and Nos. 14 to 24 are various transferees.

(2.) BEFORE the execution of the mortgage, Musammat Jamna Kunwar obtained the permission of the District Judge to borrow Rs. 4,500 (one fourth of Rs. 18,000) by hypothecation of the one-fourth share of the minor Lachman Singh in the said property.

(3.) IT will be necessary to refer later in more detail to the proceedings of the registration.