Judgement

Appeal (No. 86 of 1926) from a decree of the High Court (February 16, 1925) affirming a decree of the District Judge of Darbhanga.

The suit was instituted by the appellants in 1918 against the respondents to recover certain immovable property. By a document executed in 1876, the terms of which fully appear from the present judgment, the appellants father, a Mithila Brahmin, had purported to make a hiba-bil-ewaz of the property with all zamindari rights to the appellants mother on receiving from her Rs.41,532. In 1890 the appellants father and mother had jointly mortgaged the property to the then Maharaja of Darbhanga to secure Rs. 1,88,963 and interest due under a bond. A decree for sale having been made on the mortgage in 1897, the Maharaja, with the leave of the Court, purchased the property ; a decree confirming the sale was affirmed by the High Court. The appellants mother, Anuragin Bahuasin, died in 1904.

By their plaint the appellants alleged that their mother became owner under the hiba-bil-ewaz of 1876, and that she had been induced to execute the mortgage by the undue influence and misrepresentation of her husband. The respondent by his written statement pleaded