MT KISHUN PIYARI Vs. GOPAL NARAIN

JUDGEMENT

(1.) The appeal was originally filed by two ladies Kishun Piari and Sundar Kishen Piari has died, and nobody has been brought on the record in her place. So the appeal has abated to that extent. The other appellant is Mt. Sunder, and her contention is that she has a right of residence in the property ordered to be sold, and we have to consider how far this contention is correct.

(2.) The fasts appear to be these. Bishun Lal, defendant 1, is related to the other defendants in this way His wife was Kamdebi by whom Bishuu Lal has a daughter Mt. Kamla, defendant 2. Mt. Kiahen Piari, the deceased appellant and defendant 3, was the sister of Bishan Lal. Defendant 4, Mt. Sundar, is the mother o? Biahen Ll. Bishan Lal mortgaged the house in question for a sum of Bs. 5,000 in favour of the plaintiff by the mortgage of 2 March, 1929. Then he made a gift of the house in favour of his wife, hi-3 sister and mother. Thereafter, concealing the fast that ha had made a gift; of the property, Bishun Lal borrowed further money on promissory note? from the plaintiff. It was eventually agree that for the further advance of Rs. 1,400 Bishun Lal, his mother, his sister and his wife should give a second mortgage over the property, and this mortgage was executed on 19 April 1926. Ramdebi being dead, her daughter Mt. Kamla, has been brought on the record.

(3.) The plaintiff claimed two sums of money, namely Rs. 7,059-12 3 on the first mortgage and Rs. 1,949-5-0 on the second mortgage. The two mortgages being distinct and the executants not being the same it was not quite correct on the part of the plaintiff to ask for a joint decree in respect of the joint sum of Rs. 9,003-1- 3. Several defences were raised to the suit by Mt. Kishun Piari and Mt. Sundar. They having failed, the learned Subordinate Judge made a decree jointly on the two mortgages for a sum of Rs. 10,000 odd which includes interests and costs.