( 1 ) THE appellant, Ishwar Das Malhotra, filed a suit for recovery of Rs. 17. 500. 00 based on the mortgage of two properties. Dhanwant Singh, defendant No. 1 (respondent No. 1 herein) was the person stated to have taken loans from the plaintiff-appellant on the basis of these mortgages while defendants-respondents Nos. 2 to 5 were the persons who had allegedly purchased the mortgaged properties subsequently. The suit of Malhotra was decreed but only against defendant No. I, Dhanwant Singh, and his suit as against defendants Nos. 2 to 5 was dismissed with costs. It was held that Dhanwant Singh was not competent to mortgage one property and as regards the other property no mortgage was enforceable. Malhotra was also awarded interest at the rate of 6% per annum and not at 7% per annum as claimed by him. Aggrieved, Malhotra has appealed to (his court.

( 2 ) THE two mortgaged properties are. (1) house No. J-6/87 Rajouri Garden, New Delhi, and (2) house No. j-7/24, Rajouri Garden, New Delhi. At the relevant time property No. J-6/87 was a plot of land and was owned by Dhanwant Singh who, by asale deed dated 11-3-1966, sold the same to Smt. Indrawati, respondent-defend