BINAIK BHAT Vs. NARAIN DIKSHIT

JUDGEMENT

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

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

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