MOHAN LAL Vs. PREMRAJ; HARI SINGH

JUDGEMENT

(1.) This appeal arises out of a suit for sale on a mortgage. It appears that there were two brothers, Ramji Lal and Baldeo, who owned a 1/12 share each in a certain property. Baldeo died leaving two eons, Bahadur and Nathu. Ramji Lal applied for mutation of names in plate of Baldeo and obtained an order in his favour; and on the 5 of December 1995, he mortgaged with possession the whole share, that is, 1/6th, belonging to his deceased brother and himself. On the 15 of June 1906, he executed a simple mortgage of the 1/6 share in favour of the plaintiff Premraj.

(2.) One Hari Singh, who is a defendant in the suit, had two simple money-decrees against Ramji Lal and Baldeo separately. He brought to sale the 1/12 share of each of the two brothers in execution of his decrees and purchased them himself. He purchased the share of Ramji Lal subject to the plaintiff's encumbrance of the 5 of December 1905. On the 4 of March 1907 Premraj sued the mortgagor Ramji Lal, Hari Singh and Bahadur and Nathu the sons, of Baldeo on his mortgage of the 5 of December 1905 and obtained a decree for sale.

(3.) On the 16 of August 1911 Hari Singh mortgaged the property purchased by him to Beopar Shahayak Bank and paid off the decree of Premraj.