BHOLANATH KHETTRY Vs. KARTICK KISSEN DAS KHETTRY

JUDGEMENT

(1.) This is a suit by Bhola Nath Khettry and Poran Chand Khettry, infants, by their mother and next friend against their father Kartick Kissen Das Khettry and some fifteen other defendants to contest the validity of certain mortgages made by their grandfather Radha Kissen Khettry and their father Kartick Kissen Das Khettry before the plaintiffs were born.

(2.) The plaint sets out in full detail the circumstances which have occurred since the date of the mortgages.

(3.) The facts are somewhat complicated, but I do not propose to discuss them at length, because it is admitted that the statements in the plaint are substantially correct. Two dates, however, should be added to those there given, viz., the dates of the births of the plaintiffs. Bhola Nath was born on the 11 October 1904 and Poran Chand on the 10 March 1906. The prayer of the plaint is, firstly, for a declaration that the plaintiffs are entitled jointly to a third share in the premises No. 6 Mullick. Street. Secondly, for partition of the said premises. Thirdly, to set aside the decree made in suit No. 214 of 1905 and stay of the sale directed by that decree. A number of issues were raised in the case, but so far as we are at present concerned the suit may be dealt with on what is really a preliminary question, whether the plaintiffs have any right to contest the mortgages or to go behind the decree, which has been passed in respect of them.