Sir Lancelot Sanderson:-

This is an appeal by the plaintiffs in the suit against a judgment and decree of the High Court of Allahabad dated 28th November 1933, whereby the appeal of one of the present respondents, viz., Lachman Singh, was allowed and the suit as against the said Lachman Singh and his share of the mortgage property was dismissed. The plaintiffs are Kunwar Surendra Bahadur Singh and his two minor sons and the suit was brought for foreclosure of a mortgage dated 23rd June 1909, purporting to be executed by Himmat Singh (now deceased), Mulu Singh and Mt. Jamna Kunwar, mother and certified guardian of the said Lachman Singh, who was then a minor, in favour of Surendra Bahadur Singh in respect of certain zemindari property to secure a loan of Rs. 18,000 and 4½ per cent. interest in order to pay off prior mortgages at a higher rate of interest. The defendant-respondents 1-9 are heirs of Himmat Singh, No. 10 is Lachman Singh, Nos. 11, 12 and 13 are Mulu Singh and his two sons and Nos. 14 to 24 are various transferees.

Before the execution of the mortgage, Mt. Jamna Kunwar obtained the permission of the District Judge to borrow Rupees 4500 (one-fourth of Rs. 18,000) by hypoth