THAKURMANI SINGH Vs. DAI RANI KOERI

JUDGEMENT

(1.) The present suit was brought by the plaintiff Rai Thakurmani Singh Bahadur on a mortgage bond executed in his favour on the 25 October 1890 by Mussumat Daimani Koeri, the elder of two widows of Babu Mshendra Narayan Singh, deceased. The case for the plaintiff was that Babu Mahendra Narayan was heavily involved in debt at the time of his death, and that he left him surviving his two widows Mussumat Daimaui Koeri and Mussumat Dai Rani Koeri and no children. The two widows, who took a joint estate in his property, partitioned it and the debts between them. After the partition, Mussumat Daimani borrowed Rs. 500 and Rs. 1,000 from Babu Balajit Singh, and on the 25 March 1888 executed two mortgage bonds for those sums in his favour. The money covered by these two bonds was, it was alleged, borrowed for legal necessity,

(2.) The Rs. 500 was male up of a sum of Rs. 150 borrowed to carry on litigation connected with M. Thalba, one of the properties left by her husband, and two sums of Rs. 200 and Rs. 150 were borrowed for a similar purpose to protect another property, M. Makrooi, and to pay legal expenses in connection with proceedings in execution of a decree of Audh Narayan Singh.

(3.) The sum of Rs. 1,000 was made up of the following items : Rs. 412-8 was to pay off the balance of a debt due from her husband to Audh Narayan Singh, the father-in-law of defendants Nos. 2 and 3, and Rs. 400 was paid to the defendants Nos. 2 and 3 to recover from them M. Makrooi. which had been sold for arrears of revenue and which they had purchased, and Rs. 187-8R was to pay Government revenue on other estates.