ANNU LAL Vs. RANG LAL

JUDGEMENT

(1.) This appeal arises out of a suit for sale on a mortgage. The facts are as follows:

(2.) On the 21st of February, 1898, Megh Nath as manager of a joint Hindu family executed a mortgage of three biswas odd in mauza Bhojpur, in favour of Mihin Lal and Duli Ram, who advanced Rs. 600 each on the security of the said property. Both mortgagees are dead. Plaintiffs 1 to 4 are the surviving members of the joint family of which Mihin Lal was the head. Duli Ram died leaving surviving him, an adopted son, Gulab. Gulab died, leaving a widow, Musammat Bichitra Kunwar, as sole heir. She applied for and obtained a succession certificate under Act VII of 1889, enabling her to realize cue amount due to Gulab under the mortgage. This debt was the only one specified in the certificate, and it is to be noted that Musammaf Bichitra Kunwar alone was entitled to it. She, however, assigned her mortgagee rights to three persons and, at the same time gave them the certificate she had received. These three persons are plaintiffs 5 to 7. The defendants are Megh Nath, his son Rang Lal, and a minor grandson. Musammat Bichitra Kunwar was also cited as a pro forma defendant.

(3.) Rang Lal alone defended the suit. The only part of the defence that need now be considered relates to Musammat Bichitra Kunwar s alleged incapacity to assign the mortgagee rights of Duli Ram. This incapacity was based solely on the allegation that Gulab was not the adopted son of Duli Ram.