RAM SARUP Vs. KALLA

JUDGEMENT

(1.) This appeal arises out of a suit for sale on the basis of a mortgage-deed, dated 26fch November 1877, in favour of one Angad The plaintiffs are related to Angad and claimed to have been joint with him and owners by survivorship. The present appellant is a transferee of the mortgaged properly. He pleaded that the plaintiffs were not joint with Angad, that the latter had been separate and had left other heirs as well as the plaintiffs and the latter alone were not entitled to sue. The other heirs of Angad were made parties to the suit but the period of limitation had then expired.

(2.) The first Court held against the plaintiffs on the question of jointness and, in the circumstances of the case, dismissed the suit.

(3.) The plaintiffs appealed. In the meanwhile, they applied under the Succession Certificate Act and when the appeal has come up for hearing, the certificate had been granted conditional on security being furnished. The security at that time had not been given to the satisfaction of the Court.