GAJADHAR MAHTON Vs. AMBIKA PRASAD TEWARI

JUDGEMENT

(1.) This is an appeal from a judgment and decree of the High Court of Allahabad dismissing a suit brought by the appellant for the enforcement of a mortgage executed in his favour by one Jai Gobind Tewari on August 28, 1907. Jai Gobind Tewari was a member of a joint Hindu family subject to the Mitakshara and apparently managed the family business,

(2.) The suit was brought before the Subordinate Judge of Basti against all the members of the joint family; and Home transferees of part of the property were joined as defendants.

(3.) The plaintiff who is a money-lender alleges that Jai Gobind Tewari had borrowed from him two sums of money which in the aggregate amounted to Rs. 2715 on two bonds, for legal family necessity, and for this amount he passed the mortgage bond in suit.