Judgement

Appeal (No. 91 of 1936) from a judgment and decree of the High Court in its appellate jurisdiction (December 7, 1934) affirming a judgment and decree of the High Court in its ordinary original civil jurisdiction (February 15, 1932).

The only question for decision in this appeal was whether a deed of mortgage, executed on April 11, 1927, by the respondents, Dhirendra Chandra Kerr and Narendra Chandra Kerr, as executors of the will of their father, Thakur Das Kerr, in favour of Sreemutty Indira Ghosh, now represented by the respondents, Prabas Chandra Mullick and Dulal Chand Aich, was a valid mortgage binding on the estate of Thakur Das Kerr and on the properties which were the subject of the mortgage.

Thakur Das Kerr, who died on October 5, 1919, had carried on a publishing and printing business under the name of R. Cambray & Co., and by his will, dated December 16, 1917, he appointed two of his sons to be executors (the above-named respondents) and authorized them to carry on his business. He died possessed of zemindary properties outside Calcutta, house property in Calcutta, Government promissory notes, War Stock, and shares in railways, banks and various companies, all