SOHANLAL Vs. CHHAGANLAL

JUDGEMENT

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

(2.) RESPONDENT No. 1 Chhaganlal obtained a money decree on the basis of a mortgage deed executed by Laduram against his sou and legal representative Gangadhar. When the decree was put in execution and the mortgage properly was attached, the Appellants Sohanlal and Gokalchand, minor sons of Gangadhar, Mat. Mooli widow of Kushalchand, and Mst. Ganpati, widow of Laduram, 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 Hindi family and further the plea of want of legal ncessity 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.