SHEO SARAN CHAUDHRI Vs. RAM LAGAN DAS

JUDGEMENT

(1.) This case had already been before us and was adjourned for the production of the record of certain proceedings which were taken under Section 83 of the Transfer of Property Act.

(2.) We sent for that record in order to enable us to decide a plea which was raised in both the Courts below, it was whether a deposit which undoubtedly was made by the mortgagee in this case was a valid deposit so as to stop the running of interest.

(3.) It has been found as a matter of fact that the mortgagee in this case, that is to say the person in whose favour the mortgage purports to have been executed, was one Ram Lagan, who was at the time of the mortgage a minor. So far as can be ascertained, he was at that time about five years of age and according to the evidence on the record the Court below has found that he was a member of a joint Hindu family along with his father, one Mahadeo Das.