MODI, J.—This is a first appeal by the plaintiff Laxminarain against a judgment of the learned District Judge, Bikaner, dated the 6th December, 1950, in a suit for recovery of mortgage money.

2. The plaintiffs case was that the defendant Shankerlal vs. the Karta of a joint Hindu family consisting of himself and his minor son Bhanwarlal who is the contesting respondent, borrowed a sum of Rs. 25,000/- from the former as a security for which the defendant Shankerlal made a mortgage of his house situate in Sonaron-ka-Moholla near Naya Kuwa in Bikaner city by means of a registered mortgage deed the 29th December, 1947. It was agreed between the parties that cut of the consideration of Rs 25,000/- for the mortgage, the sum of Rs. 1,000/- would not carry any interest, and the balance of Rs. 24,000/- was to bear interest at the rate of ten annas percent per mensem. As the house was in the actual possession of certain tenants, the defendants executed a rent-note in favour of the plaintiff for a sum of Rs. 150/- p. m. The defendants failed to pay the mortgage money together with the interest due, and so the plaintiff brought the present suit for recovery of the principal sum of Rs. 25 000/- a

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