GHASILAL Vs. INAYATALI

JUDGEMENT

(1.) FIRM Nangtu Ram Jhutalal, a joint Hindu family firm instituted a suit through Ghasilal against Inayat Ali respondent for sale of mortgaged property on foot of two mortgage deeds dated 8 -8 -44 for Rs. 800 executed by the defendant in favour of Jhutalal, Narain Das and Ghasi Lal. The plaint mentions an earlier mortgage between the same parties. The suit was resisted inter alia on the ground that the mortgagees being three individuals, from Mangtu Ram Jhutalal, which was not the mortgagee was not competent to sue. This objection found favour with the trial Judge who dismissed the suit on that ground. The learned District Judge has dismissed the plaintiffs appeal.

(2.) THE defendant executed the first mortgage deed on 25 -7 -38 in favour of "Jhutalal s/o Savat Ram, Narain Das s/o Mangtu Ram and Ghasilal s/o Jhutalal Malik Dukan Mangtu Ram Jhutalal." This mortgage was for Rs. 600.

(3.) IT is remarkable that in both the mortgage deeds all the three individuals were named as mortgagees, but in the same breath they are described as proprietors of firm Mangturam Jhutalal. This in conjunction with the undisputed fact that those three individuals constituted a joint Hindu Family which had an ancestral business "Mangtu Ram Jhutalal" leaves no manner of doubt that in with and substance the mortgagee was the joint Hindu family firm. It must be remembered that a joint Hindu Family Firm has no entity dissociated from members constituting the joint Hindu family itself.