SUBRAYA VENKATESH BUDDU SHETTI Vs. GANPA NARAYAN NAIK

JUDGEMENT

(1.) It is necessary to state at the outset the facts found by the lower Court of appeal, so far as they are material for the purpose of the two questions of law argued before us.

(2.) The facts are briefly these.

(3.) On the 3rd of January 1896, defendant 1, as manager of the undivided Hindu family consisting of himself and defendants 2 and 3, mortgaged by a registered deed (Exhibit 42) ten lands to one Venkatesh Shetti, deceased, represented in this litigation by the plaintiffs, for a debt due from the family. The consideration for the mortgage was Rs. 400, of which Rs. 200 were paid at the time of its execution to the mortgagor; as to the balance, the mortgagee covenanted by the mortgage- deed to pay it to one Nagappa, a previous mortgagee of defendant I S family.