SOHAN LAL Vs. CHHAGAN LAL

JUDGEMENT

(1.) THIS is a second appeal by the plaintiffs in a declaratory suit.

(2.) RESPONDENT No. 1 Chhagan Lal obtained a money decree on the basis of a mortgage -deed executed by Ladurara against his son and legal representative Gangadhar. When the decree was put in execution and the mortgage property was attached, the appellants Sohan Lal and Gokalchand, minor sons of Gangadhar, Mst. Mooli, widow of Kushalchand, and Mst Ganpati, widow of Ladu Ram, instituted a suit for declaration that the house property attached was joint Hindu family property and not liable to be sold in execution of the decree, which was for the enforcement of a mortgage, as the said mortgage was not binding on the members of the family. The trial Court, after evidence, decreed the suit, but on appeal that judgment was set aside. It was held by the first appellate Court that the mortgage had been effected for an antecedent debt by the manager of the joint Hindu family and further the plea of want of legal necessity was barred on the principle of res judicata. The appeal was accordingly allowed and the suit was dismissed. The plaintiffs have come in second appeal.

(3.) THE present suit was instituted on 7 -7 -1947. The relationship of the plaintiffs and Gangadhar will be evident from the following genealogical table: