BANK OF BOMBAY Vs. SULEMAN SOMJI

JUDGEMENT

(1.) The facts relating to this appeal are not in dispute, and may be shortly stated.

(2.) Somji Parpia died on the 15 February 1885. He left eight sons, four by his first wife (hereafter called the elder sons) and four (hereafter called the younger sons) by his second wife Labai, who also survived him. By his will, he left all his property to his elder sons, subject to a charge of Rs. 30.000 in favour of his widow Labai and his younger sons. Both Courts in India have found that this legacy was charged upon the property in suit and their Lordships agree with this decision.

(3.) After their father's death, the elder sons entered upon large useness transactions, under the style of Somji Parpia & Co., and in the course of their business became indebted to the Bank of Bombay in respect of advances on bills drawn by the firm in Bombay upon a branch of the firm at Indore. To secure these advances, the elder sons, on the 1 September 1890, deposited certain title deeds relating to the property in suit, by way of quitable mortage, with the Bank : and on the 12 of the 1899, the Bank obtained from them a formal mortgage of the same property to secure the repayment a Rs.52,000 in respect f bills then due or to become due drawn by the firm on the Indore branch. It is not disputed that this debt was a debt of the our elder sons in respect of their own business, and that the legacy to the widow and the youngersons was at the time, and sitll is, unsatisfiled.