SHRI UDASI NIRWANI Vs. SURAJPAL SINGH

JUDGEMENT

(1.) The appellant in this case is a registered society which carries on the business of money- lending. It appeals from a decree of the High Court at Allahabad, dated February 8, 1939, which varied the decree of the Subordinate Judge.

(2.) The respondents are members of a joint undivided Hindu family governed by the Mitakshara school. The decree of which complaint is made, was pronounced in an action brought by the appellant upon a simple mortgage dated September 22, 1920. The family tree of the Hindu family and the members sued appear from the table following: By the mortgage of September 22, 1920, Sheo Mangal Singh who was then karta of the family, Surajpal Singh, his nephew and Lakhpati Kunwar, his sister-in-law, mortgaged certain family property in favour of the appellant. This mortgage was given in consideration of a sum of Rs. 35,542-1-0 made up as follows :

(3.) The principal sum and interest was payable after six years and interest was to run at ten annas per cent, per month with yearly rests. The mortgage deed was executed by Lakhpati as a nominal party only, because her name appears to have been inserted in the register as an owner in the case of some of the properties. The question which their Lordships have to determine is the extent to which the joint family property is bound.