Judgement

Appeal (No. 95 of 1930) from a decree of the High Court (August 8, 1928) varying a decree of the Subordinate Judge of Allahabad.

The appellant bank instituted a suit against the members of a joint Hindu family governed by the Mitakshara to recover the balance due on a mortgage of joint family property to secure an advance of Rs. 28,000. The mortgage deed was executed by Jagdish Narain and Raghubir Narain each on behalf of his minor sons ; the adult sons of Jagdish also joined in the deed. The deed recited that the advance was required to pay off two earlier mortgages and to carry on the mortgagors business. Only the respondents, who were minors at the date of the mortgage, appeared to defend the suit.

The facts appear from the judgment of the Judicial Committee.

The Subordinate Judge made a preliminary decree for sale for the sum claimed.

An appeal was heard by Sen and Weir JJ., who held that the mortgage was valid only as to Rs. 18,000, which sum had been used to discharge antecedent debts. As to the remaining Rs. 10,000, they found that it had not been proved that an alleged debt of Rs.6342 existed, and that the business for the purposes of which the balance of Rs.3658