DIRG BIJAI SINGH Vs. BHAN PARTAB SHAH SINGH

JUDGEMENT

(1.) The question for decision in this appeal is whether a mortgage made by three members of a joint Hindu family in favour of the first respondent was binding upon the appellant who was also a member of the family. The appellant died since the appeal was filed and is now represented by four of his sons. His eldest son, Nand Kishore, is the second respondent and is one of the three who signed the mortgage.

(2.) The following table shows all the members of the family:

(3.) One Dalthaman Singh transferred all his property by deed of gift to Jaikaran, Surat Singh, Bishnath and Nand Kishore. It has been found that the transfer was intended to operate for the benefit of the whole family and that the property transferred was treated by all as part of the joint family property.