MAHALUXMI BANK LTD. Vs. KAMAKHYALAL GOENKA AND ORS.

JUDGEMENT

(1.) THIS appeal arises out of a suit instituted by the Plaintiff -Appellant to enforce a mortgage bond dated 3rd June, 1946.

(2.) THE bond in suit purports to have been executed by Defendants Nos. 1 and 2 for selves and as guardians of the other Defendants, the first two Defendants being husband and wife and the other Defendants, being their minor sons. The deed was in favour of the Sylhet Industrial Bank Ltd.; but the Plaintiff's case is that the said bank was amalgamated under the orders of the High Court of Judicature at Fort William in Bengal, with the Plaintiff Mahaluxmi Bank Ltd., which is a scheduled bank, having its registered head office at Calcutta, with a branch also at Shillong. The total consideration mentioned in the document is a sum of Rs. 1,41,000/ - and the Defendants having made payments towards the satisfaction of the mortgage dues, the Plaintiff sued to recover a sum of Rs. 1,29,251 -15 -0 only.

(3.) THE Defendant No. 1, Kamakhyalal Goenka, in his written statement admitted having executed the document, but he said that he did so under pressure and undue influence, because, be was in need of money at the time for running his business. He alleged that he borrowed money from the Sylhet Industrial Bank Ltd., not as the Karta of the family or for the benefit of his wife and children, but in his own personal capacity. He also disputed the amount of consideration mentioned in the document. His contention was that the Bank gave him only Rs. 54,133 -12 -9, but mentioned an exaggerated amount in the document. He further stated that he was not given any copy of the account of his dues payable to the Bank, nor did he have an opportunity of scrutinising the accounts and that it was not true that, as recited in the deed, the Defendant owed a sum of Rs. 86,866 -3 -3, to the bank, which was set off towards the consideration amount.