ABDULLAH KHAN Vs. MAHBUBULLAH KHAN

JUDGEMENT

(1.) This appeal arises out of a suit for sale on a mortgage. The mortgage was executed on the 26 of February 1903, for Rs. 60 by Musammat Tissa, the widow of Assu Khan, and by one Azim Kuan. Musammat Tissa executed the mortgage on her own behalf and as guardian of the appellants here who were her minor sons. Azim Khan executed it as guardian of defendants Nos. 7 and 8 with whom we are not concerned.

(2.) The suit was contested only by the appellants here. They denied the execution of the deed and also denied the authority of their mother to hypothecate their property.

(3.) The Trial Court dismissed the suit, but on appeal the learned District Judge of Mainpuri decreed it. He held that Musammat Tissa was the de facto guardian of the minors and he also held that as their mother she had to maintain them and goes on to say: "If she contracted the debt in order to maintain them I think it is binding on the minors." What he actually holds is that she had a right to make the mortgage, and that as the mortgage was for the benefit of the minors they are bound by it. There is no distinct finding that she had to borrow the money in order to maintain the minors but there is a distinct finding that the money was borrowed for the benefit of the minors.