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1939 Supreme(SC) 37

Lola Chuni Lal and another – Appellant
Versus
Udai Prakash and others – Respondent


Advocates Appeared:
Nehra & Co., Dold, Douglas Grant, H.D. Cornish, J.P. Eddy, J.E. Godfrey

Sir George Rankin:-

The appellants on 5th January 1929 sued the respondents in the Court of the Subordinate Judge of Meerut to enforce their security under a mortgage bond dated 15th September 1922, over certain property situate in mousa Shikohpur. The bond had been executed by respondent 1, Udai Prakash, for himself and as guardian of respondent 2 Om Prakash, his minor brother, in favour of Chunni Lal, appellant 1, and Ratan Lal (now deceased) father of appellant 2. It was for Rs.6000 with interest at 2 per cent. per mensem with half-yearly rests. Rs. 200 was expressed to have been paid before registration of the bond and Rs. 250 at the time of registration. The rest of the loan was made up of four items: Rs.1200 and Rs.1600 for interest due under prior bonds dated 4th July 1921, and 19th February 1920; Rs.1350 to discharge a promissory note dated 28th June 1922, given to one Sundar Lal, and Rs.1400 for deposit in Court under a decree dated 3rd July 1922, in Suit No. 566 of 1919.

One Harbans Singh, a Hindu governed toy the Mitakshara, had three sons, Fatah Singh, Udai Prakash and Om Prakash. Fateh, the eldest son, was of full age at all times material to be considered in the present





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