Mr. Ameer Ali.:-

This is an appeal from a judgment and the decree of the High Court of Allahabad dismissing a suit brought by the appellant for the enforce ment of a mortgage executed in his favour by one Jai Gobind Tewari on the 28th of August, 1907. Jai Gobind Tewari was a member of a joint Hindu family subject to the Mitakshara and apparently manag ed the family business.

The suit was brought before the Sub ordinate Judge of Basti against all the members of the joint family ; and some transferees of part of the property were joined as defendants.

The plaintiff who is a money-lender al leges that Jai Gobind Tewari had borrow ed from him two sums of money which in the aggregate amounted to Rs. 2,715 on two bonds, for legal family necessity, and for this amount be passed the mortgage bond in suit.

The defendants 3 to 6, who alone con tested the suit, urged it was not for legal necessity or family benefit as the plaintiff alleged.

The Subordinate Judge decreed the plaintiff's claim for sale of the mortgaged property under R. 4, C. 34 of the Civil Procedure Code.

The High Court on appeal came to the conclusion that the onus was on the plain tiff to establish legal necessity in order to bin