( 1 ) THIS ap-peal is by the plaintiffs and it arises out of a suit for partition which was dismissed by the learned trial Judge on the finding, inter alia, that the plaintiffs had no title to the disputed properties.

( 2 ) THE material facts lie within a short compass and they are as follows:

( 3 ) ACCORDING to the plaintiffs, they, alone with their father, who is defendant No. 1, belonged to a Mitakshara Hindu family and the disputed properties were properties of the said family in which they were interested as coparceners. Defendant No. 2, who was the real contesting defendant in the court below and who is the contesting respondent in this Court, obtained a mortgage of the disputed properties from the father, Jajneswar Bajpai. defendant No. 1, on 28th April, 1934 The mortgage was given by Jajneswar Bajpai alone. It was for an amount of Rs. 2,500.

( 4 ) EVENTUALLY, on that mortgage, a suit was brought by the mortgagee, defendant No. 2, and the same was decreed in a preliminary form on 15th April, 1950. It having been instituted on 16th September 1946. The claim decreed was Rs. 2,500 for principal, Rs. 2,466-10-0 for interest and Rs. 688-15-3 for costs