( 1 ) THIS is an appeal brought by defendants 1, 3, 6 and 7 in forma pauperis against the judgment and decree dated 30-11-1965 passed by the Civil Judge, Hubli, in Special Suit No. 15 of 1963 decreeing the suit for sale on the basis of a mortgage executed by the defendants in favour of the plaintiff 'shah Hirachand Vanechand and Company' which is a registered Partnership firm carrying on business at Hubli. Defendants 2 to 7 are the sons of Defendant No. 1 and they are members of a Joint Hindu Family. The family of the defendants was carrying on business in hubli; in respect of the dealings carried on with the plaintiff firm, a sum of Rs. 33,197/6/0 was found due according to the accounts. As the defendants were unable to pay the said amount, they executed on 20-10-1959 a mortgage of the suit properties in favour of the plaintiff firm for Rs. 34,000/ -. The consideration for the mortgage was the sum of Rs. 33,197/6/0 due on accounts and a further sum of Rs. 802/10/0 paid in cash before the Sub Registrar at the time of the registration of the document. Under the terms of the mortgage, the mortgagee was to remain in possession of the mortgaged properties and allowed to appropriate the

Click Here to Read the rest of this document