LALA AMARNATH SAH Vs. RANI ACHAN KUAR

JUDGEMENT

(1.) THE Plaintiffs, who are now Appellants, brought a suit against the present Respondents and two other Defendants to enforce a mortgage bond executed to one Moti Ram, the ancestor of the Plaintiffs, for the purpose of securing an advance of Rs. 32,000, with interest thereon.

(2.) THE bond sued upon is dated the 23rd of March, 1873, and it commences in this way: I, Raja Lalji, for self, and as guardian of Kuar Enayet Singh and Kuar Shamshere Bahadur, mukhtar of Rani Hulas Kuar wife, and manager of Rani Achan Kuar daughter, of Raja Khyrati Lal, caste Kayesth, resident of Lucknow, now residing at Bareilly, do declare that I have, under the power given to me by registered general power of attorney, dated 4th April, 1866, executed by Rani Hulas Kuar under the power of the certificate of guardianship, dated 18th July, 1866, and under the power which I have to make management in general, borrowed Rs. 32,000 of the Company's coin, half of which is Rs. 16,000, for the payment of the debt taken to meet the marriage expenses of Kuar Enayet Singh and the expenses of the case pending at Lucknow from before.

(3.) KHYRATI Lal, who died in 1866, was the zemindar of the mouzas in question, and was also a dealer in money and in hundis. Hulas was his widow and heir. Achan was his only child, and she married Raja Lalji. Enayet and Shamshere were the children of that marriage, both being minors at the date of the bond. Very shortly after Khyrati's death, Hulas executed a mukhtarnama giving to Lalji very large powers of management and disposition over her property. She died on the 22nd of June, 1878. Shamshere and Lalji were the two Defendants below who are not now Respondents. They are both dead.