Judgement

Consolidated Appeal (No. 41 of 1932) from a decree of the High Court (May 30, 1930) reversing a decree of the Subordinate Judge of Monghyr (December 6, 1926).

In a suit by Baijnath Goenka, the father of the plaintiff, on ekrarnamas giving him a lien on the properties of a Mutt and a right to a lease in lieu of interest it was found that the ekrarnamas were unconscionable and void, but a simple money decree for the amount actually lent with interest to date of suit was given against the mahant who had borrowed the money, Siaram Das, and, at the time of the decree, had an equal share in the Mutt properties with Mahant Mahabir Das. In execution of the decree Baijnath Goenka brought Siaram Dass share to sale and purchased some of the properties. The sale was confirmed on May 5, 1913, but Baijnath Goenka did not obtain possession of the properties. In 1918 suits were instituted by two other purchasers in the sale against Baijnath Goenka and Mahabir Das, who had then succeeded to the whole of the Mutt properties, for a declaration that the sale was invalid. In this suit the validity of the sale was upheld. On May 5, 1925, the appellant, who had succeeded to his father, institut