MISS DOTTIE KARAN Vs. LACHMI PRASAD SINHA

JUDGEMENT

(1.) This is an appeal against a judgment and decree dated 9 August 1927, of the High Court of Judicature at Patna, setting aside a judgment and decree dated 20 December 1923, of the Court of the Subordinate Judge of Monghyr.

(2.) The suit was brought on 12 September 1922, by Lachmi Prasad Sinha and his co-plaintiffs, who are members of a Hindu joint family, against Christiana Benshaw and her daughter, Dottie Karan, claiming to recover Rs. 21,770-6-3 in respect of principal and interest alleged to be due on a mortgage dated 4 October 1910, and to enforce the said mortgage by sale of the mortgaged property. The Subordinate Judge dismissed the plaintiff's suit with costs.

(3.) The plaintiffs appealed to the High Court, which allowed the appeal and made a decree for sale of the mortgaged property in favour of the plaintiffs. Christiana Benshaw died while the appeal was pending in the High Court, and her husband, Samuel Benshaw and his daughter Mercia Benshaw, were added as legal representatives of the said Christiana Benshaw. Dottie Karan Mercia Benshaw and Samuel Benshaw have appealed against the decision of the High Court to His Majesty in Council.