ASHWORTH, MUKERJI
Lachman Das – Appellant
Versus
Ram Prasad – Respondent
JUDGMENT
Mukerji, J. - This is an appeal by two defendants in a mortgage suit, brought by the Respondent No. 1 under the following circumstances. Three persons, viz., Ram Prasad son of Dhuma Mal, his wife Mt. Barfi Kunwar and the appellant Lachman Das executed the bond in suit for a consideration of Rs. 5,200 in favour of the respondent Ram Prasad son of Gulzari Lal. The plaintiff sought to enforce the mortgage and made parties to it not only the mortgagors but also the transferees from them and one Radhe Shiam, a minor son of Ram Prasad son of Dhuma Mal and his wife Mt. Barfi.
2. The defence of Lachman Das was threefold, so far as we are concerned in this appeal. He said that the mortgage was not properly registered and was therefore, not enforceable, that he received no consideration for the mortgage and that he executed it under an undue influence. He further added that he had no interest in the property at the date of the mortgage and, therefore, the mortgage was not enforceable against the property mortgaged. The Appellant No. 2, Mt. Nanhi, appears to be a transferee from Mt. Barfi and her appeal before us repeats the same arguments which we shall presently notice, on behalf of
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