GANGA SAHAI Vs. KESRI

JUDGEMENT

(1.) These several consolidated appeals from certain decrees and judgments of the High Court of Allahabad arise out of three suits brought in the Court of the Subordinate Judge of Farrukhabad. The plaintiffs in two of these suits, claiming adversely to each other to be the heirs of one Bahadur Singh, deceased, sought to recover from the appellant Ganga Sahai a one-third share of the properties specified in their respective plaints which he had purchased at a sale held in execution of a decree upon a mortgage to which reference will be made presently. The third suit was brought by Kalka Pershad, one of the plaintiffs in the above suits, to recover from the respondent Chunni Lal certain shares in Mouzah Malkapur belonging to the estate of Bahadur Singh which had been conveyed to him by one Gulab Koer, Bahadur s stepmother.

(2.) Their Lordships propose to deal first with the two suits in which Ganga Sahai was the defendant.

(3.) The mortgage bond referred to above was executed so long ago as the year 1869 by one Jai Chand Chowdhry, in favour of Bahadur Singh and Debi Din, the ancestor of Ganga Sahai, hypothecating two villages, named respectively Tahsipur and Bilaspur. One-third of the amount advanced on this transaction admittedly belonged to Bahadur Singh, and the other two-thirds to Debi Din. On default of payment by Jai Chand, a suit was brought in 1891 by Bahadur Singh in conjunction with Bhima Singh and Ganga Sahai the heirs and representatives of Debi Din (who had died in the mean-time). Bahadur Singh died during the pendency of the suit, and his widow, Lachman Koer, was brought on the record in his place. On the 21st November 1891, the usual mortgage decree under Section 88 of the Transfer of Property Act (IV of 1882) was made by the Court. This was followed on the 27th of April 1893 by the final decree under Section 89 of the Act.