NARAIN DIKSHIT Vs. BENAIK BHAT

JUDGEMENT

(1.) This appeal arises out of a suit upon a mortgage. The plaintiff was the son of the mortgagee. Defendants Nos. 1 and 2 were the nephew and grand-nephew of the mortgagor, defendants Nos. 4 and 5 were representatives of the late Maharajah of Ajudhia to whom part of the mortgaged property was transferred by the mortgagor after the mortgage. Defendants Nos. 6, 7, 8 and 10 were impleaded as trustees of part of the property under a deed of endowment executed by the Maharajah.

(2.) Defendant No. 1 pleaded that there was no legal necessity for the mortgage, the same plea among many other was put forward by defendants Nos. 6 and 10.

(3.) The Subordinate Judge decreed the claim holding that legal necessity for the mortgage had been proved.