GAYA DIN Vs. MUSAMMAT DULARI

JUDGEMENT

(1.) This appeal arises out of a suit for foreclosure of a mortgage made on the 19 of August, 1898, by one Kali Charan now deceased the first husband of Musammat Dulari defendant No. 1. The property comprised in the mortgage consists of five shops and a house. Of these shops Kali Charan mortgaged one to the defendant Mathura Parshad on the 16 of December, 1898. After Kali Charan's death his widow Musammat Dulari sold this and another shop to the defendant Mathura Parshad on the 28 of January 1902, and on the same date she sold three shops to the defendants Nos. 3 and 4.

(2.) The suit was contested on two grounds first that Kali Charan was a minor at the date of the mortgage executed in favour of the plaintiffs and second that there was no consideration for the mortgage.

(3.) The Court below found that consideration had been paid for the mortgage made by Kali Charan but it was of opinion that he was a minor at the date of the mortgage and, accordingly, dismissed the suit.