RAM BHAJAN KASODHAN Vs. MATBAR RAM

JUDGEMENT

(1.) This is a second appeal arising out of a suit instituted by the plaintiffs for a declaration.

(2.) One Ganga was the father of Ram Lagan, Ram Bhajan and Thakur. Mt., Ramkali was the wife of Ganga. When Ganga died, all his three sons were minors. It appears that some time after the death of Ganga, Mt. Ramkali made an application to the District Judge asking that she should be appointed to act as guardian of the person and property of the three minors who constituted a, joint family. The Court appointed Mt. Ram Kali to act as guardian of her three minor sons.

(3.) On 30 April 1921, Mt. Ramkali made an application to the District Judge asking for permission to create a mortgage over a part, of the estate of the minor (1 anna and 3 pies share) in order to pay off certain debts alleged to be due to creditors from the father of the minors. On 26 September 1921, the District Judge granted permission to Mt. Ramkali in the following words: Permission granted to the guardian to mortgage usufructuarily 1 anna 3 pies share of the minors in Pichaura for not less than Rs. 2,100, (two thousand and one hundred) on the condition that the whole consideration money is paid into this Court on the date of execution of the mortgage-deed.