BISWANATH PERSHAD MAHTA Vs. JAGDIP NARAIN SINGH

JUDGEMENT

(1.) The plaintiffs have brought this suit to realize a mortgage security executed in their favour by Babu Jagdip Narayan Singh, defendant No. 1 They have made defendants to the suit both Jagdip Narain Singh and his only son, Bindeswari Pershad Singh, it being their case that the son, who was a minor at the date of the mortgage, is as much bound by it so far as it creates a security on the property comprised in it, as the father by whom it was executed. The suit was dismissed as against the son and hence this appeal.

(2.) The mortgage, Ex. 1, is dated the 21st of November 1893, and to appreciate its meaning it should be borne in mind that the mortgagees were a firm of bankers or mahaians.

(3.) It begins in these terms: "Whereas I, the declarant, have taken lease of certain mauzas and have to pay the rent thereof to the proprietors instalment by instalment; but the rent is not realized in due time from the tenants of the leasehold mauzas, and the proprietors are always making pressing demands; therefore I have of my own accord, and free will opened for the payment of the rent to the proprietors due on account of the lease-hold mauzas a khata for Rs. 5,000 bearing interest at the rate of Re. 1 per cent, per mensem with the firm of Babu Birkeshwar Lal Parmeshar Narain at Koochi Hiranand Sahu appertaining to Thana chawk Kalan, one of the quarters of Patna city, as per details given below."