Sir George Rankin:-

On 15th November 1920, two persons named Badri Singh and Chandika Singh, members of a joint Hindu family governed by the Mitakshara, executed a mortgage deed in favour of the appellant, Raja Ram. Badri Singh having died, the appellant on 25th August 1930 brought a suit in the Court of the Subordinate Judge at Hardoi to enforce the mortgage. He impleaded 17 defendants. In addition to Chandika Singh (defendant 3) and other persons, he sued Badri Singh's two sons, Gaya Singh and Randhir Singh (defendants 1 and 2), and their five sons (grandsons of Badri Singh, defendants 8 to 12), who are now the five respondents to this appeal. The relationship of the defendants to the suit may be exhibited as follows :

For reasons which may or may not have been valid, regard being had to the case made by the plaintiff, the decision of the Subordinate Judge, dated 13th May 1931, was as follows:

The result is that a simple money decree can only be passed on the basis of the deed in suit as against the estate of Badri Singh and against defendant 3 personally.

I therefore decree the sum of Rs.19,500 with costs, interest at the contract rate on Rs. 10,000 daring the pendency of the suit a