Chaturbhuj vs Gobind Ram - 1923 Supreme(All) 71

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1923 Supreme(All) 71

PIGGOTT, WALSH
Chaturbhuj – Appellant
Versus
Gobind Ram – Respondent

JUDGMENT

Piggott, J. - The plaintiffs, who are the appellants in this Court, sued Gobind Ram and his minor sons upon two mortgages of the 9th of September 1911 and the 25th of June 1922. The question in issue in the Court below and again in this Court was whether the joint ancestral property in the hands of Gobind Ham can be made liable for the whole, or for any part of the consideration under these two deeds. The essential circumstances are as follows: On the 20th of July 1911 Go kind Ram had obtained a pre-emption decree entitling him to acquire certain property in a village called Loharra, on condition of his depositing a sum of Rs. 1,072, within a prescribed time. He borrowed this amount from the plaintiffs under the deed of September the 9th, 1911, by hypothecating under the said deed not only the share in village Loharra which he proposed to acquire, but also certain ancestral family property in his hands. He did not confine himself to raising the money necessary to acquire the property in Loharra under the pre-emption decree. He borrowed Rs. 1,246 more in order to pay off two promissory notes. He acknowledged the previous receipt of Rs. 82 for incidental expenses and other un

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