BHARAT BHAI Vs. JAI NARAIN

JUDGEMENT

(1.) This is a defendant's appeal and arises out of a suit for sale on a mortgage dated 11 April 1912, executed by Mulu, adoptive father of the defendant- appellant, for a sum of Rs. 200 with interest at 1 per cent. per mensem compoundable every six months.

(2.) The suit was contested by defendant-appellant on various grounds, but we would notice, in the course of this judgment, only the grounds that have been argued in appeal before us.

(3.) The defendant-appellant denied that the mortgage was executed for legal necessity, and further alleged that at the time of the execution of the deed of mortgage in favour of the plaintiff, the plaintiff was a minor, and, as such, the mortgage was void and unenforcible at law. He further resisted the suit on the ground that Mulu had, prior to the execution of the mortgage in suit, transferred the mortgaged property, by a deed of gift, to one Ram Charan, on 6 February 1901, and, as such, was not competent to mortgage the same to the plaintiff . He also pleaded that he was in adverse possession of the mortgaged property, and that the plaintiff was not entitled to a decree for the sale of the same on the basis of the mortgage-deed in suit.