DOSE THIMMANNA BHATTA Vs. KRISHNA TANTRI

JUDGEMENT

(1.) The question is whether the plaintiffs mortgage is affected by the Lis pendens created by the suit brought by a Hindu widow against the mortgagor for the recovery of the amount due to her for maintenance. That suit was filed on the 10 January 1888, and there was a distinct prayer that her maintenance should be made a charge on the property which was afterwards mortgaged by the defendants in that suit to the plaintiff on the 23 January 1889. On the 31st, a decree was passed "on the responsibilities of the properties" sued for.

(2.) It is argued before us on behalf of the plaintiff that this was not a sufficient Lis pendens as against him.

(3.) It is not alleged that so far as the property in dispute before us is concerned, the mortgage debt due to him was contracted for the purpose of paying off any debt entitled to any priority over the widow's claim for maintenance, or already due by the mortgagor.