JUDGMENT :

1. The first defendant in the suit is the appellant. The second defendant is the Second respondent. The plaintiff-first respondent filed a suit against the defendants for recovery of a sum of Rs. 12,240/- being the principal and interest on the basis of Treasury challan, Ex. A-1 dated 24-8-1968 duly signed by the second defendant and his officers. It was the case of the plaintiff that the second defendant as the then Mahant of Sri Swami Hathiramji Mutt, Tirupathi borrowed for the lawful expense of the Mutt a sum of Rs. 9,000/- on 24-8-1968 undertaking to repay the same with interest at 12% per annum and that the said amount was deposited under challan No. 72 dated 24-8-1968, and that the first defendant has the benefit of the amount borrowed by Defendant 2 and therefore, both Defendants 1 and 2 were liable for the suit amount.

2. The second defendant remained ex parte. The first defendant contested the suit contending inter ali that the second defendant was not the Mahanth of the first defendant-Mutt, that there was no need much less any legal necessity whatever for the second defendant to borrow from the Plaintiff on behalf of the first defendant, that the alleged debt