CHHEDA LAL Vs. PARSOTAM NARAIN

JUDGEMENT

(1.) One Chhatarpat Singh was the owner of a 6 1/4 biswa share of zamindari. He had two sons, Kanhai and Gokul, who inherited his property in equal shares. Kanhai's sons were Makhan and Gandharp. Gokul had a son Badri who inherited his share of the property. Badri having died without issue, his half share passed to his mother, Musammat Dhan Kunwar.

(2.) The following mortgages of the property of Chhatarpat Singh were made by the different members of his family: (1) On 1 March 1889, Dhan Kunwar and Gandharp made a simple mortgage of 6 1/4 biswas in favour of Jagannath, father of the appellant, Parsotam Narain. (2) On 8 July 1889, the same persons (Dhan Kunwar and Gandharp) made a mortgage by way of conditional sale of 4 biswas 13 biswansis in favour of one Nand Ram. (3) On 8 August 1890, Dhan Kunwar and Gandharp made a simple mortgage of 2 biswas to Ganga Ram, who, on 10 June 1902, sold his rights as mortgagee to Parsotam Narain, appellant. (4) On 16 September 1891, Gandharp and Makhan made a usufructuary mortgage of 6 1/4 biswas to one Jagannath, who was a different person from the mortgagee under the first mortgage.

(3.) Parsotam Narain brought a suit under the first mortgage of the 1 of March 1889, against the mortgagors, Gandharp and Dhan Kunwar. The latter having died during the pendency of the suit, Makhan was made a party as her legal representative. The subsequent mortgagees were also joined as parties. A decree for sale was passed on 11 May 1896 against all the defendants. Execution of the decree was taken out from time to time, but the mortgaged property was not sold.