LALMAN Vs. KALKA PRASAD

JUDGEMENT

(1.) This appeal must succeed.

(2.) The respondent, Kalka Prasad, brought the suit out of which this appeal hag arisen on foot of a mortgage bond, dated the 20 June 1904, for sale of a certain property which admittedly belonged to one Tika. The parties to this suit ware a large number of people and the relationship among them is described in the pedigree to be found at page 7 of the printed record. The plaintiff's case was that the entire family of the defendants was a joint one and three persona, namely, Misra, Jaijai Ram and their mother Mt. Ganeshi executed a mortgage on behalf of the entire family. The pedigree will show that Mt. Ganeshi had five sons one of whom was Tika. The appellants before this Court are two song of Tika and a son of one of these.

(3.) The suit was defended by the appellants alone and it was contended that they were not liable. It appears that, in the Court of the first instance the plaintiff said that although he had brought a suit against so many defendants he would be content to have a decree for the sale of Tika's share alone and the decree should be against the sons and grandsons of Tika.