KISHEN SAHAI Vs. RAGHUNATH SINGH

JUDGEMENT

(1.) This appeal is connected with First Appeal No. 437 of 1925, both of which arise out of the same suit.

(2.) The suit was instituted by Lala Kishan Sahai and two others as mortgagees against defendant 1, Raghunath Singh, his brother Khair Singh a minor, and Raghunath Singh's son, Bhopal Singh also a minor. There were two other defendants who were made parties as subsequent transferees.

(3.) The suit arose out of a mortgage executed on 12 July 1916 by Raghunath Singh, defendant 1, and his father Sewak Ram, who has since died. The amount borrowed was a sum of Rs. 4,000. The plaintiffs pleaded that the mortgage was executed for legal necessity and was therefore binding not only on Raghunath Singh, one of the mortgagors, but on his minor brother Khair Singh, and also his minor son Bhopal Singh. Bhopal Singh alone contested the suit through his guardian. His contention was that the mortgage was not supported by legal necessity.