BRIJ LAL Vs. SUNDAR LAL; BHAIRON PRASAD

JUDGEMENT

(1.) This appeal arises out of the following facts: Bhagirath and Baldeo, two brothers, formed a joint Hindu family, and owned, amongst other zamindari property, a ten biswa share in mauza Chauwar. They jointly executed a mortgage in favour of the plaintiff s father, on the 8th of November, 1879, of this ten biswa share in Chauwar.

(2.) On the 16th of November, 1881, the two brothers executed two separate mortgages, in favour of the same mortgagee, in each of which each brother hypothecated a five biswa share in Chauwar for half the amount then due under the original mortgage deed of 1879. These two mortgage bonds were signed by both brothers.

(3.) On the 16th of October, 1888, the joint family property was partitioned privately and the whole ten biwsa share in Chauwar was allotted to Baldeo s share and it became his separate property. Baldeo s mortgage was subsequently discharged, under circumstances related later on.