Judgement

B. K. MUKHERJEA, J. :

 The appellant before us is the sixth defendant in a suit, commenced by the plaintiff-respondent in the Court of the Subordinate Judge at Masulipatam (being Original Suit No. 29 of 1937) for recovery of a sum of Rs. 99,653 annas odd by enforcement of a simple mortgage bond. The mortgage bond is dated 28-9-1930 and it was executed by defendant No. 1 for himself and as guardian of his two minor sons-defendant 2 and 3--all of whom constituted together a joint Hindu family at that time. The plaintiff mortgagee happens to be the son-in-law of defendant 1 & at the time of the execution of the mortgage the first defendant it was indebted to a large number of persons including the mortgagee himself, and being hard pressed by his creditors requested the plaintiff to lend him a sum of Rs. 1,25,000 on the hypothecation of the properties in suit, to enable him to tide over his difficulties and discharge his debts, The total consideration of Rs, 1,25,000 as stated in the deed is made up of the following items:-

(1) Rs. 13,065, which was the amount due on a promissory note executed in favour of the plaintiff by the first defendant on 17-1-1928,

(2) Rs. 13,285 due unde