GIAN CHAND, ETC Vs. SURRINDER KUMAR, ETC

JUDGEMENT

(1.) Surinder Kumar, Darshan Kumar, Shish Kumar and Subhash Chander minor sons of Ghanaya Lal instituted a suit out of which this appeal has arisen, for recovery of Rs. 5392/2/0 on the basis of a registered mortgage deed for Rs. 6000 made on the 24th of October, 1932 by Chhaju Ram, Sant Ram sons of Buta Ram and Sat Pal, Dharam Pal minor sons of Shankar Das in favour of Guranditta Mal, maternal grandfather of the plaintiffs. The plaintiffs pleaded that Guranditta Mal had before his death bequeathed the mortgagee rights to the plaintiffs and that after deducting the amount of Rs. 3850 received on account of principal and interest they were entitled to recover Rs. 5392/2/- by sale of the mortgaged property. Defendant No. 5 was impleaded on the ground that he was a subsequent mortgagee of a part of the mortgaged property.

(2.) Defendants Nos. 1 and 2 pleaded that the mortgage was without consideration to the extent of Rs. 1470 while defendants Nos. 3 and 4 disputed the validity of the will alleged to have been made by Guranditta Mal in favour of the plaintiffs and maintained that the plaintiffs had not locus standi to maintain the suit. Defendants Nos. 3 and 4 further maintained that during their minority their 1/4th share could not have been mortgaged by defendants Nos. 1 and 2 and that they were not bound by the mortgage in question which had not been made for their benefit.

(3.) Upon the pleadings of the parties the following issues were framed :-