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1930 Supreme(All) 362

Babu Jai Narain – Appellant
Versus
Rashak Behari Lal – Respondent


JUDGMENT

Bennet, J. - This is an appeal by the plaintiffs whose suit for contribution against defendants has been allowed by the lower Appellate Court to the extent only of one-ninth instead of one-half claimed by the plaintiffs of the sum of Rs. 7l9-11.0 which the plaintiffs admittetly paid to discharge a joint mortgage decree. The facts are that on 17th'May, 1920, a mortgage-deed was executed by Ram Charan Lal the pre-decessor-in-'interest of the plaintiffs and by his nephew defendant No. 1 Rashik Behari Lal on that mortgage-deed the mortgagee Chotey Lal brought a suit No. 321 of 1926 and obtained a decree on 28th August, 1926, and he put up for sale a house which belonged jointly to the mortgagors and the plaintiffs had to pay Rs. 719 11-0 in order to get the sale Set aside. The plaintiffs have brought this suit for contribution of one-half of that amount and interest against defendant No. 1 and defendant No. 2, who is a transferee of the property from defendant No. 1. The basis of the suit is that in the mortgage-deed the property pledged belonged to Ram Charan Lal to the extent of one-half and to his nephew Rashik Behari Lal to the extent of one-half. Accordingly the claim is t

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