BHUP KUNWAR Vs. BALBIR SAHAI

JUDGEMENT

(1.) This is an appeal against a decree of the Subordinate Judge of Aligarh in a suit brought by the plaintiffs appellants to enforce a mortgage executed on the 12th day of October, 1904, in favour of one Bishan Singh.

(2.) Bishan Singh has died and his property has descended to various members of his family. The first plaintiff, Musammat Bhup Kunwar, is a grand-daughter of Bishan Singh and the second plaintiff, Debi Singh, is Bishan Singh's grandson. It appears that since the death of Bishan Singh his property has been divided among the members of the family under an arbitration award and it was stated in the plaint that a definite share of this mortgage debt had been assigned to the plaintiffs. The defendants second party in the suit are the other members of Bishan Singh's family to whom shares also have been allotted in this particular debt. They were joined as defendants be cause they hud failed to join as plaintiffs.

(3.) The contesting defendants in the suit were Balbir Sahai, a minor aged ten years, who is the son of the mortgagor Ganga Sahai, and Musammat Saraswati who is the widow of the mortgagor.