NANAKRAM Vs. LALIT KUMAR

JUDGEMENT

(1.) THIS is a defendant's second appeal and arises a question about the validity of a mortgage of undivided share in a joint Hindu family property situated at Abu Road which had at one time formed part of the former State of Sirohi.

(2.) ON 5. 5. 1948, Ghisalal and Rameshwarlal who were brothers, mortgaged their joint family house in favour of one Nathulal for an amount of Rs. 4000/- undertaking to pay interest at 9% per annum, Nanakram, defendant-appellant was the son of Matadin, a brother of Ghisalal and Rameshwarlal. He was minor at the time the house in question was mortgaged. His name did not appear in the mortgage and his son Lalit Kumar filed a suit for realisation of Rs. 4000/- principal and Rs 604/- interest plus some notice expenditure, total Rs. 4604/14/-by sale of the mortgaged house. The suit was filed against Ghisalal, Rameshwarlal died during the pendency of the suit and was subsequently represented by his widow and daughter as his legal representatives. Plaintiff Nathulal also died during the pendency of the suit and was thereafter represented by Lalit Kumar. The proceedings remained ex parte against Nanakram as he remained absent inspite of service of summons.