Padam Singh vs Reoti Saram - 1929 Supreme(All) 349

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1929 Supreme(All) 349

Padam Singh – Appellant
Versus
Reoti Saram – Respondent

JUDGMENT

1. This second appeal arises out of a suit brought by the plaintiff-respondents on the basis of a mortgage bond executed on 23rd June 1914. The plaintiffs are the daughter's sons of the mortgagee. The defendants, when the suit was filed included the two mortgagors and their sons. During, the pendency of the:suit one of the mortgagors died. The mortgage bond was for Rs. 300 and this amount was recited in the deed as money for the price of a bullock previously purchased (because interest is calculated) and for the settlement of a running bahi khata account in respect of patty items of food.

2. The plaintiffs in para. 5 of their plaint based the liability of the sons of the actual mortgagors on the allegation that the debt was contracted for lawful necessity of the family and that the family had been benefited by the debt. It is important to notice that the liability of the sons of the mortgagors was not based on any allegation that the money was required to meet the antecedent debts of their respective fathers.

3. The trial Court found that legal necessity was not proved. The reasoning on which it came to this finding is as follows: It quoted two decisions of their Lordships of

Click Here to Read the rest of this document