SARJU PRASAD Vs. RAMSARAN LAL

JUDGEMENT

(1.) This is a defendants appeal arising out of a suit for the enforcement of a simple mortgage dated 21 March 1922 executed jointly by Lakhan Singh and his son Bijai Bahadur in favour of the plaintiff Ram Saran Lal for Rs. 4,700 with interest at 2 per cent per mensem compoundable every six months. The properties mortgaged were the entire villages Deotra and Amaipur-Sanda as well as a house which is no longer in dispute in appeal. The plaintiff urged that the mortgage had been executed for legal necessity and in order to pay off a previous antecedent debt, and was therefore binding on the family. The suit; was contested on two main grounds, first that it was made during the pendency of the previous attachment, and secondly that it was made while the Collector was in charge of the property under Schedule 3, Civil P.C.

(2.) The learned Subordinate Judge has come to the conclusion that the estate of Lakhan Singh was in charge of the Collector on the date of the mortgage and that therefore Lakhan Singh was not competent to dispose "of the property; but he has held that Bijai Bahadur was not disqualified on that account and his interest in the mortgaged property was liable.

(3.) Some of the defendants, who have purchased fractional shares in the two villages, to be specified hereafter, have appealed. There is no cross-objection by the plaintiff.