Bhandari, J.—This is a civil second appeal in a suit filed by Badri Narain, who is now represented in his appeal by his three sons, Chauthmal, Baboo., Radhey Shyam and Mst. Naraini, his widow, against Mst. Sanjya defendant-appellant and Bhooramal, another defendant.

2. The case as set up in the plaint is that on the 28th of July 1951, Mst. Sanjya, the defendant-appellant borrowed Rs. 901/- from the plaintiff and in security thereof mortgaged a shop situate in town of Manoharpur and delivered possession thereof. It was also agreed that the defendant-appellant shall pay 1% per mensem as interest, towards which Rs. 25/- per annum were to be adjusted as rent of the shop. This agreement was recorded in the Khata(Ex.P/l) which bears the thumb impression of the defendant-appellant. It is further alleged that the defendant-appellant delivered the possession of the shop but the plaintiff was dis-possessed therefrom on the 20th of May 1953 and refused to pay the money borrowed by her. It was further stated that as the Khata (Ex. P/l) was also executed in favour of Bhuramal (defendant No. 2 , he was also made a defendant in the case. The plaintiff prayed for a money decree for the amount of Rs

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