Modi, J.—This is a civil regular second appeal by the defendants against the judgment and decree of the District Judge, Balotra, dated the 21st December, 1957, in a suit for mortgage money and arises under circumstances presently to be mentioned. The plaintiffs have also filed a cross-objection. I propose to dispose of both these matters by a single judgment. The appellant Udaichand having died during the pendency of this appeal is represented by the other defendant Nathmal who was already on the record and by Karanraj, a minor son of Nathmal under the latters guardianship.

2. The case of the plaintiffs was that on the 17th May, 1949, defendant No. 1 Udaichand as manager of the joint Hindu family consisting of himself and his son Nathmal had found a sum of Rs. 5500/- to be due to the plaintiffs and as a security for the repayment of this debt made a possessory mortgage of the suit house in favour of the plaintiffs by a mortgage-deed Ex. 5. It was agreed between the parties that the said defendant would pay interest at the rate of eight annas per cent per mensem on the aforesaid sum and that whatever rent is realised from the house by the plaintiffs will be credited towards the inter

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