LACHMAN DAS Vs. RAM PRASAD

JUDGEMENT

(1.) This is an appeal by two defendants in a mortgage suit, brought by the Respondent No. 1 under the following circumstances. Three persons, viz., Ram Prasad son of Dhuma Mal, his wife Mt. Barfi Kunwar and the appellant Lachman Das executed the bond in suit for a consideration of Rs. 5,200 in favour of the respondent Ram Prasad son of Gulzari Lal. The plaintiff sought to enforce the mortgage and made parties to it not only the mortgagors but also the transferees from them and one Radhe Shiam, a minor son of Ram Prasad son of Dhuma Mal and his wife Mt. Barfi.

(2.) The defence of Lachman Das was threefold, so far as we are concerned in this appeal. He said that the mortgage was not properly registered and was therefore, not enforceable, that he received no consideration for the mortgage and that he executed it under an undue influence. He further added that he had no interest in the property at the date of the mortgage and, therefore, the mortgage was not enforceable against the property mortgaged. The Appellant No. 2, Mt. Nanhi, appears to be a transferee from Mt. Barfi and her appeal before us repeats the same arguments which we shall presently notice, on behalf of Lachman Das.

(3.) It appears that one Kalyan Chand was the owner of a considerable amount of cash and moveable property. He made a Will in 1907 in favour of his wife Mt. Champa Kunwar and his daughter's son Lachman Das. He gave by this document a life-interest to Mt. Champa Kunwar and the remainder to Lachman Das. Kalyan Chand and Mt. Champa Kunwar had a daughter Mt. Barfi besides Mt. Kotori, the mother of Lachman Das. Mt. Kotori predeceased her father. Mt. Barfi married Ram Prasad and this Ram Prasad is one of the mortgagors along with Mt. Barfi. By an agreement of 1910 entered into, a date when Lachman Das was still a minor, Mt. Champa Kunwar, Lachman Das and Mt. Barfi agreed that the property in question should go to Mt. Barfi and Lachman Das and Mt. Champa Kunwar should each receive an annuity. We need not consider this agreement as I have already stated it is not binding on Lachman Das. I may add that the property mortgaged was purchased by Mt. Champa Kunwar with the money she received from her husband under the Will and that, therefore, this property partakes of the same character as the cash and moveables bequeathed by Kalyan Chand. The learned Subordinate Judge decreed the suit and we have to consider the several points raised in appeal.