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1934 Supreme(Mad) 82

PANDALAI
Mudara – Appellant
Versus
Muthu Hengsu – Respondent


JUDGMENT

Pandalai, J.

1. The plaintiffs, of whom plaintiff 3 is the assignee, of a mortgage from the other plaintiffs, appeal against the decision of the learned District Judge of South Kanara confirming the decree of the Subordinate Judge and dismissing their suit on the mortgage Ex. A dated 6th March 1919, for Rs. 1,500 executed by defendants 1 and 2 for themselves and as guardian of defendants 3 to G and three others since deceased who were all members of an Aliyasanthana family to which the mortgaged property belonged. The defence was that the mortgage was invalid for various reasons viz., (1) that it should have been executed not only by those who executed it but also by the members of a collateral branch according to the terms of a partition deed (Ex. 2); (2) that even all the members of the mortgaging branch had not joined the mortgage and (3) that the mortgage was not for debts binding on the family. The District Munsif found that the mortgage was true in the sense that the mortgagee paid the full amount of consideration, that the objection as to non-joinder of the other persons was not sustainable but that the debt had not been proved to be for the benefit of the defendants








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