CHHANGANI, J -—This is a second appeal by the defendant Khetmal against the appellate judgment and decree of the District Judge, Balotra dated 30th April, 1962, confirming the decree of Civil Judge, Balotra dated 29th March, 1961 decreeing the plaintiff respondents suit for the recovery of the mortgage property.

2. It will be proper to set the material facts at the out-set. One Mishrimal son of Jeta of Samdari executed a mortgage-deed in favour of Chhogalal deceased, Chhaganmal, Achalchand and Jugraj on Mah Sudi 13, Smt. 2005 corresponding to 11-2-1949. The principal amount secured by the mortgage was Rs. 2199/-and the mortgage property consisted of a house at Samdari. The mortgrge-deed is Ex. 2 which was got registered on 14-2-49. After the mortgage, Mishrimal died and Khetmal defendant-appellant is his heir and successor in interest under a proper will. Chhogalal also died some time after the execution of the mortgage-deed. After Chhogalals death, Achalchand, for himself and for his son Jugraj and another son and Chhaganmal son of Chhogalal transferred their mortgagee rights in favour of Bastiram son of Shivdatt on 5-2-1953 vide Ex. 3. This deed purported to have been executed by

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