Lord Porter:-

The appellant in this case is a registered society which carries on the business of money lending. It appeals from a decree of the High Court at Allahabad, dated 8th February 1939, which varied the decree of the Subordinate Judge. The respondents are members of a joint undivided Hindu family governed by the Mitakshara school. The decree of which complaint is made was pronounced in an action brought by the appellant upon a simple mortgage dated 22nd September 1920. The family tree of the Hindu family and the members sued appear from the table following :

Minors at date of suit (8-2-33).

By the mortgage of 22nd September 1920, Sheo Mangal Singh who was then karta of the family, Surajpal Singh, his nephew and Lakhpati Kunwar his sister-in-law mortgaged certain family property in favour of the appellant. This mortgage was given in-consideration of a sum of Rs. 35,542-1-0 made up as follows :

The principal sum and interest was payable after six years and interest was to run at 10 annas per cent. per month with yearly rests. The mortgage deed was executed by Lakhpati as a nominal party only because her name appears to have been inserted in the register as an owner in the case o