Sinha, J.

1. This appeal is by defendant No. 2 to an action for a declaration that two mortgages created by defendant No. 3 on 3-3-1948 and 24-8-1948 were not binding on the joint family of the plaintiffs and defendant No. 3, and for recovery of possession of the houses given in mortgage and also for mesne profits.

2. There was one Ramautar Sah, husband of plaintiff No. 3. He had three sons, (1) Rampratap (defendant No. 3), Dwarika Prasad (plaintiff No. 1) and Bishwanath (Plaintiff No. 2). The properties in suit were acquired by Ramautar, who died on 20-6-1942, leaving him surviving plaintiffs 1 to 3 and defendant No. 3 as his heirs. Plaintiff No. 1 end defendant No. 3 had executed a registered power of attorney in favour of plaintiff No. 2 on 23-12-1942. Thereupon, plaintiff No. 2, on 27-3-1944, redeemed a mortgage created by his father, on 24-5-1941, for Rs. 2,500.00 in favour of defendant No. 1. It is said that defendant No. 1, therefore, had transactions with the family and knew the family very well. Thereafter, defendant No. 1, in the name of defendant No. 2, took a usufructuary mortgage from defendant No. 3 on 3-3-1948. it is said that defendant No. 3 was not the kart