Lord Atkinson :-

These are consolidated appeals from two decrees of the Court of the Judicial Commissioner of Oudh, Lucknow, both dated the 13th of November, 1911, which reversed in part and modified in part two decrees, each dated the 25th of October, 1909, of the Court of the Subordinate Judge of Lucknow.

The first of the two suits in which those last-mentioned decrees were made, namely, that numbered 76 of 1907, the appeal in which is No. 121 of 1913, was instituted by Mirza Sadik Husain Khan, the appellant in both the present appeals, to enforce a mortgage, dated the 26th of June, 1900, executed in his favour by the third respondent in the first appeal, namely, Nawab Ummat-ul-Fatima, in her own right, and also as guardian of her two sons, then minors, the first and second respondents in the first appeal, to secure the repayment of 20,000 rupees admittedly advanced by the mortgagee to this lady, with interest at 1 per cent. per mensem.

The second of these suits, namely that numbered 51 of 1908, the appeal in which is numbered 134 of 1913, was instituted by the respondents, Nawab Saiyid Hashim Ali Khan, and Nawab Kasim Ali Khan, the latter by his guardian, against this same mortgag