CHANDRADEO SINGH Vs. MATA PRASAD

JUDGEMENT

(1.) This second appeal was directed to be laid before a Full Bench in consequence of a conflict in the decisions of this and the other High Courts upon the main question involved in it.

(2.) The suit is one to enforce payment of a mortgage by sale of the mortgaged property. The mortgage was executed by the late Ram Narain Singh, who was the head of the defendant's family, on the 4 of September 1883, to secure a principal sum of Rs. 400, in favour of Ram Narain Kalwar, the father of the plaintiff-respondent Sheo Balak Singh and grandfather of the appellant Chanderdeo Singh. The parties are governed by the law of the Mitakshara. It was found by the Court of first instance that the mortgage was not executed for the purpose of satisfying any antecedent debt and there was no evidence that the consideration was required for the legal necessities of the family, or that the lender made any enquiry as to the purposes for which the money was borrowed.

(3.) On the other hand, it was not proved, or even alleged, that the debt was tainted with immorality. On these findings the Court mainly relying on the decision in the case of Debi Dat V/s. Jadu Rai 24 A. 459. decreed the plaintiff's claim.