Sir George Rankin:-

Narbadeshwar Sahai, a Hindu governed by the Mitakshara, died on 28th August 1926. He had been married three times and had a son by each wife. His eldest son was Ram Nandan, his second son was Lachhmeshwar, the plaintiff-appellant: his third son Sumeshwar was born in 1924. The defendant-respondent Mt. Moti Rani Kunwar was his third wife and was the mother of Sumeshwar. The suit out of which this appeal arises was brought by Lachhmeshwar against his step-mother in the Court of the Subordinate Judge of Bareilly on 22nd May 1931. It was a suit for the enforcement by sale of two mortgages dated 18th September 1926 and 20th September 1929.

The deed of 18th September 1926 was executed by the respondent within a month of her husband's death. It was for Rupees 5000, of which only Rs. 545 was advanced at the time, the balance being set-off against four sums of Rs. 2565, Rs. 1292, Rs. 448 and Rs. 150. The last mentioned sum (Rs. 150) was not in fact advanced and no claim is made in respect of it. The sums of Rs. 1292 and Rs. 448 were described as due for principal and interest on two promissory notes and a bond executed by Narbadeshwar. The sum of Rs. 2565 was described as d