Mumbai Court November 1935 Judgments

Devendra Prasad Sukul Vs. Surendra Prasad Sukul

Court: Mumbai

Reported in: (1936)38BOMLR319

Thankerton, J.1. This is an appeal against the judgment and decree of the High Court of Judicature at Patna, dated April 13, 1931, which reversed the judgment and decree of the Additional Subordinate Judge of Darbhanga, dated July 16, 1928.2. The appellants constitute a joint Hindu family, and on June 23, 1923, appellant No. 1 as manager executed a mortgage bond in favour of certain persons to secure the repayment of Rs. 23,000. Most of the property mortgaged was joint family property, but some of it was the exclusive property of appellant No. 1.3. In 1925, in order to discharge this mortgage, the appellants sold part of the mortgaged property which belonged to appellant No. 1 to the respondents by a registered kobala or sale deed dated July 15, 1925. The relevant passages of the sale deed, which was executed by appellant No. 1, with the other appellants as consenting parties, are as follows :-Under account up to this day Rs. 29,072-3-0 principal with interest, and compound interest du...