SURENDRA NATH PANDEY Vs. BRINDAVAN CHANDRA GHOSE

JUDGEMENT

(1.) These two appeals are preferred by the defendants and they arise out of two suits, each brought by the mortgagees on a bond of Rs. 2,000. One of these bonds was executed by Dwija Prasad Pandey, predecessor-in-interest of the defendants in Appeal No, 390, and the other by Brojo Kishore Pandey, predecessor-in-interest of the defendants in Appeal No. 393.

(2.) The defendants are admittedly governed by the Mitakshara School of Law, and it was urged on their behalf that the executant-) of the bonds could not bind the joint ancestral property. The learned Judge held that the bonds were executed to pay off the sums due to one Madan Mohan on earlier mortgagees by the same executants and that those sums were actually paid off and that these debts to Madan Mohan constituted antecedent debt to the extent of Rs. 1,750 in each case. And be accordingly decreed each suit for Rs. 1,750 with interest and dismissed each suit to the extent of Rs. 250. Incidentally he mentioned that the rate of interest payable to Madan Mohan was 10 1/2 per cent. while the plaintiffs lent at 7 1/2 per centum.

(3.) Both sides preferred appeals and the learned Judge dismissed all the appeals.