Judgement

Appeal from a judgment and decree of the High Court (December 11. 1912) affirming the decree of the Subordinate Judge of Bareilly.

On September 21, 1885, three Hindu brothers, Sarnam Singh, Ratan Singh, and Kallu Singh, who were governed by the Mitakshara but were separate in estate, borrowed Rs.1200 from Lachhman Prasad, now represented by the appellants, and by an ordinary deed of hypothecation charged their respective zamindari rights in certain villages in respect of the debt and interest.

On May 21, 1910, Lachhman Prasad instituted the present suit against Sarnam Singh, the sole surviving mortgagor, his son and grandson, three sons and a grandson of Ratan Singh, the only con of Kallu Singh, a brother of the mortgagors (who was joint with Kallu Singh) and his sons. The plaint claimed to enforce the mortgage against the hypothecated property. Sarnam Singh pleaded that the debt had been discharged ; other defendants pleaded that there was no legal necessity and that the debt was not binding upon their joint family property.

The Subordinate Judge dismissed the suit, holding upon the authority of

Law. Rep. 44 Ind. App. 163 ( 1916- 1917)

Narain Prasad V. Sarnam Singh 43

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