Allahabad Court May 1930 Judgments
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Gauri Shankar Sharma and ors. Vs. Thakur Mewa Ram
Court: Allahabad
Decided on: May-02-1930
Reported in: AIR1931All600
Niamatullah, J.1. This is an appeal by defendants 2 to 6, sons and a grandson of Peshi Ram, from the decree of the learned District Judge of Agra upholding a decree of the Subordinate Judge of that district in a suit brought by Thakur Mewa Ram, the plaintiff-respondent, for recovery of Rs. 2,450, being one-third of the amount due under a mortgage deed, dated 8th August 1913, executed by the aforesaid Peshi Ram and his two brothers, Mitthu Lal and Shambhu Nath. The deed in suit was executed by the three brothers for Rs. 7,500 of which Rs. 1,500 left for payment to certain prior mortgages was admittedly not paid by the mortgagees. The deed must therefore be assumed to be for a consideration of Rs. 6,000. The plaintiff gives credit for a payment of Rs. 3,237 made towards part satisfaction of the deed by the mortgagors. Mitthu Lal and Shambhu Nath have executed other deeds in favour of the plaintiff in respect of two-thirds of the amount due under the mortgage deed in suit. The remaining o...