BHAGWAN DAS NAIK Vs. MAHADEO PRASAD PAL

JUDGEMENT

(1.) The suit which has given rise to this appeal was brought to enforce a mortgage, dated the 24 of May, 1907, executed in favour of the predecessor in interest of the plaintiffs by three mortgagors, Mahadeo Prasad Pal, Harihar Prasad Pal and Banke Bahadur Pal.

(2.) Of these the only survivor is Mahadeo Prasad, who was impleaded as the first defendant. Banke Bahadur died without issue, while Harihar Prasad, also deceased, is now represented by his two sons and a grandson, defendants 2, 3 and 4.

(3.) The fifth defendant is a grandson of Mahadeo Prasad.