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AIKMAN, BANERJI, JOHN STANLEY, KNOX, RICHARDS
Chandradeo Singh – Appellant
Versus
Mata Prasad – Respondent
JUDGMENT
John Stanley, C.J. - This second appeal was directed to be laid before a Full Bench in consequence of a conflict in the decisions of this and the other High Courts upon the main question involved in it.
2. The suit is one to enforce payment of a mortgage by sale of the mortgaged property. The mortgage was executed by the late Ram Narain Singh, who was the head of the defendant's family, on the 4th of September 1883, to secure a principal sum of Rs. 400, in favour of Ram Narain Kalwar, the father of the plaintiff-respondent Sheo Balak Singh and grandfather of the appellant Chanderdeo Singh. The parties are governed by the law of the Mitakshara. It was found by the Court of first instance that the mortgage was not executed for the purpose of satisfying any antecedent debt and there was no evidence that the consideration was required for the legal necessities of the family, or that the lender made any enquiry as to the purposes for which the money was borrowed.
3. On the other hand, it was not proved, or even alleged, that the debt was tainted with immorality. On these findings the Court mainly relying on the decision in the case of Debi Dat v. Jadu Rai 24 A. 459. decreed the pl
A mortgage executed by a father on family property for business debts is binding on minor sons if it's not speculative; family customs allow new business ventures under Hindu law.
The main legal point established in the judgment is the binding nature of a sale deed executed by the family manager, the entitlement of daughters to ancestral property under the Amended Hindu Succes....
A mortgage executed by a natural guardian without court permission is voidable against minors, and the limitation period for challenging such a mortgage is governed by Article 59 of the Limitation Ac....
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