RAJ BALLAW PRASAD Vs. DALIP NARAIN SINGH

JUDGEMENT

(1.) This was a suit for money due on a simple mortgage executed by Ganga Bishen Singh, (father of three of the defendants) in favour of the plaintiff's father on the 26 August 1910. Defendants Nos. 2 to 16 were subsequent transferees.

(2.) The only defendant who contested the suit was Harish Chand, Defendant No. 4, who purchased a portion of the mortgaged property at an auction sale held in execution of a simple money-decree obtained by one Mt. Parmawati against Ganga Bishen, the mortgagor.

(3.) Among the defences set up by Harish Chand was the plea that Ganga Bishen as the father of a joint Hindu family was not authorized to mortgage the property without legal necessity. The trial Court found that the plaintiff had failed to prove legal necessity and accordingly dismissed the plaintiff's suit.