Dave, J.—This is a 1st appeal by the defendants against the judgment and preliminary decree in a suit for the sale of mortgage property passed by the Civil Judge, Bikaner on 9th January 1953. The property of respect of which the decree has been given is a house situated in Mohalla Binaniyan in Bikaner. The parties are also the residents of Bikaner. All the four appellants are brother being sons of one Madan Gopal Maheshwari. Appellants Nos. 1 and 2 are major and the decree against them is ex-perte. Appellants Nos. 3 and 4 are minors. The suit was contested by them in the trial court through their guardianad-litem and the present appeal is also contested mainly by them.

2. The case of the plaintiff-respondent in the trial court was that the property in dispute whose description is given in para one of the plaint,was first mortgaged by appellants Nos, 1 and 2 and their father Madan Gopal as manager of the joint family with one Chhagan Lal Chura for Rs. 3,000/- on 6 3-46 and the mortgage deed was registered on the next day i.e. 7.3.46. On the 3rd of March, 1948 Appellants Nos. 1 and 2 and Mst. Ram Pyari mother and guardian of appellants Nos 3 and 4 executed another mortgage deed for Rs

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