GAURI SHANKAR SINGH Vs. SHEONANDAN MISRA

JUDGEMENT

(1.) The material facts to be considered in this case are as follows: On the 8 of October, 1904, Bachu Singh, the defendant No. 2 executed a simple mortgage deed in favour of the first defendant Sheo Nandan Misir.

(2.) Admittedly the property which was hypothecated under this document was joint family property.

(3.) On the 22nd of September, 1916, with the object of satisfying the debt which was due under this earlier mortgage, Bachu Singh executed a mortgage with possession in favour of the same mortgagee. It was recited in this deed that the sum of Rs. 12,265 was owing on the earlier mortgage. A further sum of Rs. 400 was recited to have been taken in cash at the time of the execution of the mortgage for necessary expenses and for the completion of the document. The total mortgage debt secured upon this second mortgage was thus a sum of Rs. 12,725.