Judgement

Appeal from a judgment and decree of the High Court (January 18, 1910) reversing a judgment and decree of the Subordinate Judge of Mayavaram (November 6, 1907).

The suit was instituted in October, 1906, by the appellant upon a hypothecation bond dated November 4, 1897, granted by the pandara of a math over part of its property. The defendants were the senior pandara who had executed the hypothecation bond sued on, the junior pandara in whose favour the first defendant had by deed surrendered his rights, and other persons asserting claims upon the math property. Upon the death of the first defendant in November, 1906, the seventh respondent, who claimed to succeed as senior pandara, was added as seventh defendant. The second and seventh defendants filed written statements denying that the debt was incurred for a necessary expense of the math, or that there was any necessity in the circumstances of. the math for incurring the debt. The facts appear from the judgment of their Lordships.

The Subordinate Judge found upon the evidence, and from the failure to produce the books of the math, that the debt was incurred for the purposes of the litigation in 1881, and had been recog