KHODABHAI SARTANSING Vs. CHAGANLAL KISHORDAS

JUDGEMENT

(1.) In our opinion the decree of the lower appellate Court is correct.

(2.) It appears that the father of these minors, one Sartansing, was the assignee of a certain mortgage debt from one Talakshi Chika and the former subsequently by Exhibit 2(i mortgaged that debt to the plaintiff in this suit.

(3.) The point raised is that, having regard to Section 31 of the Talukdari Settlement Act, VI of 1888, which says, " No encumbrance on a Thalukdar's estate or on any portion thereof made by the Talukdar after this Act conies into force shall be valid beyond the Talukdar's natural life unless as therein provided" the incumbrance created by the Talukdar without the sanction of Government is not good beyond the lifetime of the Talukdar.