FULSING Vs. GANESH PRASAD

JUDGEMENT

(1.) BOSE , Offg. A.J.C. 1. This suit has been brought to challenge an alienation by a Hindu widow of her husband's property. The property had originally belonged to one Koduram. He died in 1887 leaving a widow Kausalyabai. On 17th December 1902 she mortgaged it to a firm which is now represented by the defendant, and it is this alienation which the plaintiff challenges. The mortgagees foreclosed and obtained possession in 1908. Kausalyabai died on 24th May 1924, and the plaintiff, who is the sister's son of Koduram, sues as Koduram's heir. The defence is one of legal necessity and of inquiries made in good faith.

(2.) THE learned Judge of the lower appellate Court has not considered in detail the various items which constitute the consideration of the mortgage in suit. He has consented himself with a survey of the general indebtedness of Kausalyabai, the pressure upon her estate, and the enquiries made by defendant 1, and from it has held legal necessity and bona fide inquiries by the creditor established. I think however that in this case it is necessary to consider the transactions in detail. So I proceed to do so myself.

(3.) THE consideration of that mortgage consists of the following three items: