MITHIRAM BHAT Vs. SOMANATHA NAICKAR

JUDGEMENT

(1.) The plaintiffs are the infant sons of the first defendant and they sue by their next friend who is the mother of the first defendant.

(2.) The plaintiffs ask for a declaration that a mortgage of a certain house executed by the first defendant in favour of the second and third defendants and a decree passed thereon in favour of second and third defendants are invalid and inoperative against the plaintiffs, and for an order boat possession of the house be given to the plaintiffs.

(3.) The circumstances in which the suit is brought are shortly as follows: On March 18th, 1893, the plaintiffs by their next friend instituted a partition suit against the first defendant.