Judgment

SHAH,, J.

( 1 ) THE genealogy which sets out the relationship between some of the principal parties in this litigation is as follows:

( 2 ) MALLAPPA had four sons Balappa, Shivappa, Basavanappa and Chanamalappa. These four sons, formed a joint Hindu family. Chanamalappa separated himself from the joint family sometime in the year 1909 and his other three brothers continued to remain joint. Shivappa was the Manager of the joint family after the death of Mallappa. Shivappa died in 1928. and Rachappa became the Manager of, the family. The joint family possessed lands in seventeen, villages and many houses in Khanapur. The family had also an extensive moneylending business. One Bashettappa Neeli-hereinafter referred to as Bashettappawas married to the sister of Rachappa. On 29/07/1929, Bashettappa executed a deed of simple mortgage in favour of Rachappa in respect of certain parcels of lands and houses belonging to him to secure repayment of Rs. 1,73,000. 00, Rs. 76,700. 00 out of which were received in cash and the balance represented amounts which Rachappa agreed to pay to Bashettappas creditors. To one Gurappa, Bashettappa owed Rs. 8,000. 00 as an unsecured debt and Rachappa