GANGA BISHAN Vs. MEHAR ILAHI KHAN

JUDGEMENT

(1.) The following pedigree shows the relationship between the parties:

(2.) It is common ground that the pro-party in suit belonged to Tarif who died in February 1907. The property then according to the plaintiffs passed on to his son Dharam Singh who died in April 1907. On his death his mother Sujani inherited it. On 2nd July 1912 Musammat Sujani executed a deed of mortgage of this property in favour of the second defendant for Rs. 300. The plaintiffs who are the next reversioners to the estate according to the pedigree set forth above sue to obtain a declaration that the said mortgage was made without any legal necessity or consideration and is null and void as against them, and not binding upon them as next reversioners to the estate. The defence to the suit inter alia is that the plaintiffs are not reversioners of Dharam Singh and that the pedigree set up by them is not correct.

(3.) The Court of first instance found that the pedigree set up was fully established, and that the mortgage impugned was not shown to have been made for legal necessity. It decreed the claim of the plaintiffs.