NATARAJULU NAICKER Vs. SUBRAHMANIAN CHETTIAR AND NINE ORS

JUDGEMENT

(1.) The decrees from which the second defendant's legal representative appeals, the second defendant having since died, were passed in suits brought by three plaintiffs to enforce by the sale of mortgaged properties two hypothecation bonds executed by first defendant, the elder brother of second defendant in a joint Hindu family managed by the younger brother, second defendant.

(2.) The principal of the hypothecation deed concerned in appeal No. 331 is Rs. 1,250 and the principal of the hypothecation deed concerned in Appeal No. 183 is Rs. 7,500.

(3.) The first defendant after sowing his wild oats and hopelessly encumbering his half share of the ancestral estate in doing so, proceeded to convey his interest in the family properties to his brother for Rs. 35,000 by means of an unregistered sale-deed in consideration of second defendant's undertaking to discharge the first defendant's debts; but as he neglected to complete it, second defendant had to compel specific performance of his contract by means of a suit and get a sale-deed executed by the court on behalf of the first defendant in favour of the second defendant in the present suit.