JUDGMENT

Buckland, J. - This is a suit for a declaration that a mortgage, dated 7th August 1919, executed by one Desbarathi Singha in favour of Benaykrishna Datta, the defendant, of premises No. 2, Shashibhushan Sur's Lane, to secure an advance of Rs. 4,500 is void and not binding upon the plaintiff and for other consequential reliefs.

2. The circumstances of this case are the following. A man of the name of Premchand Singha, who died on 21st November 1900, had two wives. His first wife, Nrityamayee, predeceased him, leaving a daughter of the name of Kusumkumari. Her name does not recur. By his second wife, Katyayanee, he had a daughter, Subashini and a posthumous son, Dasharathi, who was born on 1st June 1901.

3. On 30th August 1901, letters of administration to the estate of her deceased husband were granted by this Court to his widow, limited to the minority of her son.

4. On 30th July 1917, Subashini was appointed guardian of the person and property of her brother Dasharathi, by the District Court of Hooghly.

5. On 30th August 1918, Katyayanee, as administratrix, obtained leave from this Court to raise a loan of Rs. 1,500 at a rate of interest not exceeding 10 per cent. per annum on