HARDEO SAHAI Vs. INAYAT ILAHI AND BHAWANI PRASAD

JUDGEMENT

(1.) First Appeals Nos. 136 and 137 of 1921 are connected appeals by certain defendants arising out of two suits for sale on the basis of two mortgage deeds of she same date, namely, the 2nd of June, 1914.

(2.) The first of the two mortgage deeds was executed by Bhawani Prasad and others in favour of Hardeo Sahai, and the second by the same mortgagors in favour of Hukam Chand and Gauri Shankar. Under these two deeds the amounts due under two prior mortgage deeds, dated the 16 of June, 1894, and the 1 of March, 1897. were paid off and only a sum of Rs. 500 was paid in cash, which was said to have been required for the purchase of corn for daily consumption and for the completion of the mortgage deeds in question.

(3.) In the one case the only contesting defendant was a subsequent transferee, Inayat Ilahi; and in the other Maharaj Singh, one of the members of the mortgagor's family, also contested the suit. The other defendants did not put in any appearance. On behalf of the contesting defendants the execution of the documents as well as the passing of consideration were denied. It was further pleaded that there had been no legal necessity for the transfers, and that the mortgage deeds were-, therefore. not binding on the family.