SURAJ BHAN Vs. HARCHANDGIR

JUDGEMENT

(1.) THIS regular first appeal is directed against the judgment and decree of yun Judge lat Class Pati ala The facts briefly stated are as follows:

(2.) ONE Kishan Gir died leaving surviving him this widow' Mt. Jiwi and an adopted son called Tota Gir. Kishan Gir had also left some property out of which a shop with Choburas was mortgaged by Totagir for Rs. 3,0007 - on 26 -3 -191)5. On 23 -12 -1995 Totagir created a further charge on the said property. On the same day Totagir mortgaged for Rs:

(3.) IT may here be mentioned that Mt. Jiwi died during the pendency of the suit in the trial Court and the sons of Totagir were impleaded as her legal representatives, because it was alleged that Mt. Jiwi had made a will in their favour. The con testing Defendants denied the existence and the validity of the so -called will by Mt. Jiwi and plead ed that Totagir's sons could not continue the suit brought by Mt. Jiwi, but their objection was over ruled. On merits the trial Sub -Judge framed the following issues: