SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1961 Supreme(Pat) 118

RAMRATNA SINGH, KANHAIYA SINGH
Mt. Rajo Kuer – Appellant
Versus
Brij Bihari Prasad – Respondent


Judgment

Ramratna Singh, J.

1. This appeal by the plaintiffs arises out of a suit for contribution under section 82 of the Transfer of Property Act. One Madho Prasad Singh, husband of plaintiff No. 1 and father of plaintiff No. 2, executed three simple mortgage bonds in different years in respect of the same properties, which constituted the proprietary interest of the mortgagor in ten villages specified in Schedule A to the plaint. The bonds were executed on the 18th February, 1925, the 10th March, 1929 and the 14th December 1931 respectively for Rs. 8,000, Rs. 5,446 and Rs. 8,351, in all Rs. 21,797, in favour of Lakshmi Prasad Singh, Jagarnath Prasad Singh and Dhanukdhari Prasad Singh respectively. These mortgagees were members of a joint Mitakshara family. The mortgages were acquired on behalf of the family. On the 7th August 1936 the mortgagees instituted Mortgage Suit No. 23 of 1936 in the court of the Subordinate Judge at Arrah to enforce the three mortgage bonds; and on the 10th February, 1938, a preliminary decree was passed for a consolidated sum of Rs. 7,761/8/- besides costs and interest. The decree was made final on the 21st April 1939. In execution of the mortgage decre






































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top