DAMODHARAM CHETTY Vs. BANSILAL ABEERCHAND

JUDGEMENT

(1.) The suit from which this appeal arises was instituted by respondent 1 to recover the amount due under an equitable mortgage made by deposit of title-deeds and evidenced by a registered instrument. The amount to secure which the equitable mortgage was made had admittedly been advanced to a business carried on in partnership by defendants 1 to 3, the original defendants in the action.

(2.) The property over which the equitable mortgage was given as security belonged, however, to defendant 1 or his family. Defendant 4 in this suit, the appellant before us, was added as a party on his own application, apparently with a view to have determined in this action itself the question whether or not the equitable mortgage made by defendant 1 was binding on his half-share in the property.

(3.) It has thus come about that the pleadings in the case, so far as the liability of defendant 4 was concerned, were not as accurate as otherwise they might have been. On behalf of defendant 4, it being denied that the mortgage was binding on him, the parties went to trial on that issue generally, and Mr. Justice Krishnan who tried the case found it was so binding and granted a decree accordingly. It is from that judgment that defendant 4 has filed the present appeal.