TIKAM SINGH Vs. NATHU

JUDGEMENT

(1.) These two appeals arise out of two suits for sale brought on mortgage executed by defendant Kunwar Pal. The mortgages were executed both in the year 1909 and were for a sum of Rs. 100, each.

(2.) The suits were resisted by two persons, Tikam Singh and Ratan Lal, who claimed to have purchased the mortgaged property tinder a deed executed in their favour by the mortgagor, Kunwar Pal, on the 16 of October 1913.

(3.) One of the questions which was agitated in the Courts below was whether these two defendants, as purchasers from the mortgagor, were entitled to raise any plea regarding the validity of the mortgage-deed. It may be explained here that both there defendants challenged the mortgages executed in plaintiff's favour, on the ground that the sums which had been borrowed were not debts which were binding upon the property, which is admittedly joint family property. It is also admitted that the mortgagor, Kunwar Pal, has a son in existence.