SHEIKH ABDUL HAKIM Vs. ADYATA CHANDRA DAS DALAL

JUDGEMENT

(1.) This appeal arises out of a suit upon a mortgage bond said to have been executed by one Ashgar Sheikh deceased, the father of the defendant No. 1, and Rahatan Bibi, the defendant No. 2, in favour of one Hari Das Dalal.

(2.) The plaintiffs and the pro forma defendants were members of a joint Hindu family, the share of the plaintiffs Nos. 1 to 5 in the mortgage being 8 annas, that of the pro forma defendants Nos. 5 to 7, 4 annas; and the pro forma defendant Nos. 8 to 12. who were subsequently joined as plaintiffs had a 4 annas share.

(3.) The bond was in favour of Hari Das Dalal as representing the Dalal family.