1. - This is an appeal by the Nasirabad Urban Co-operative Bank Ltd., Nasirabad against the judgment and decree of the Senior Civil Judge, Ajmer, dated 30th April, 1962, decreeing the plaintiff's suit for declaration that the mortgage award and decree is not binding on the plaintiff and the joint family property and restraining the appellant from getting the properties sanctioned in execution of the award as a mortgage decree.

2. One Parasdas resident of Nasirabad died in May, 1911, leaving behind his widow Smt. Magnabai and two sons Seerchahand and Gyanchand. They all constituted a joint Hindu family and belonged in Ajmer-Merwara and are subject to the Mitakshara Law. On the 9th May, 1952. Smt. Magna Bai mortgaged one bungalow and ice-factory, which was the joint family property which had come to the share of Parasdas on partition between him and his brother, with the appellant Bank as security against over-drafts on the Bank to the extent of Rs. 10,000/-. On a dispute having arisen between Magna Bai and the Bank, the matter was referred to arbitration under the provisions of the Co operative Societies Act and as award was given in execution of which the mortgaged properti