SATYA NARAIN Vs. SARDAR CHAND

JUDGEMENT

(1.) THIS is an appeal from the judgment and decree dated 29th August, 1963, of the Senior Civil Judge, Ajmer.

(2.) PLAINTIFFS Sardar Chand and Santok Chand instituted the present suit to enforce their mortgage dated 3rd March, 1952, executed by Nathmal as Karta of the joint Hindu family consisting of himself and his sons in consideration of Rs. 7500/- with stipulation to pay interest at the rate of eight annas per cent per month. The mortage-debt was to be repaid within four years and the mortgagor having failed to repay the amount except the sum of Rs. 1125/- towards interest, the present suit was instituted for recovery of Rs. 11963 82 and in default of its payment for sale of the mortgaged property. Nathmal did not appear to contest the suit but his sons, some of whom were minors on the date of the mortgage, contested the suit denying the execution of the mortgage by their father as also the passing of consideration for any family necessity. In paragraph 7 of she additional pleas of the written statement filed on behalf of defendants Nos. 2 and 3 it was stated that they had come to know that defendant No. 1 (Nathmal) indulged in speculative and gambling business of silver and executed the alleged mortgage-deed for speculative and gambling losses suffered by him. It was asserted that the father had no right to mortgage the ancestral family property and it was not binding upon the defendants.