GUNNI Vs. DAL CHAND

JUDGEMENT

(1.) This is an appeal by 7 out of 9 defendants against whom an auction was lodged by Dal Chand, mortgagee for enforcement of a mortgage by sale of the property. The property in dispute belonged to a joint family consisting of Munga Gujar and his sons. We have abstracted the following genealogical table, which may be referred to for the elucidation of the facts of the case:

(2.) After the death of Munga, his surviving sons continued as members of a joint family. On 1 June 1915, the mortgage in suit was executed by Chokga. Shyama, Bhimma and Bhundi, adults, and by Mt. Mehro, their mother, for self, and, as mutual guardian of her minor sons, Gutti and Gunni. The mortgage was for Rs. 400 and the stipulated rate of interest was one rupee per cent per mensem compoundable half-yearly.

(3.) The details of consideration were as follows: (a) Rs. 327, due on a mortgage bond, dated 28 May 1915, which was executed by Munga for Rs. 180 in favour of Dal Chand; (b) Rs. 73, received prior to the execution of the document. In the account annexed to the plaint, the mortgagee admitted that he had received Rs. 203 from the mortgagors some time about the year 1921. The balance sought to be recovered by this suit was Rs. 1,200.