MURLI PRASAD AWASTHI Vs. SHEO DAT PRASAD

JUDGEMENT

(1.) This is an appeal by the plaintiff's from the decree of the learned District Judge of Gorakhpur affirming the decision of the learned Subordinate Judge of the same place and arises out of a suit for contribution.

(2.) On 18 April 1895, one Sarjoo Prasad, father of defendants-respondents 1, 2 and 3, executed a deed of simple mortgage in favour of Thakur Prasad Naik in respect of ten items of property detained below:

(3.) Later on Sarju Prasad executed a deed of simple mortgage in respect of only two of the properties indicated above, viz. Mahawar Kol and Shikargarh, in favour of one Ram Harakh. The latter sued on his mortgage, obtained a decree and in execution thereof purchased the shares in Mahawar Kol and Shikargarh. On 5th September 1919 plaintiffs purchased from Sital Thakurai and others, who were the heirs of Ram Harakh, the entire 8 pies share of Shikargarh and a 7-1/2 pies share of Mahwar Kol. The remaining 7-1/2 pies share of Mahwar Kol was purchased by one Kalap Nath Rai.