The first defendant is the appellant. The defendants’ mother executed a mortgage on the foot of which the suit out of which this second appeal arises was filed. The mortgage was for Rs. 1,500 and the lower appellate Court has now found that the mortgage is supported by necessity only to the extent of Rs. 900. The recital in the mortgage is that it was borrowed for family expenses. P.W. 1 gave evidence that they made enquiries about the debt and necessity of the minors and that only after satisfying themselves they lent the money. P.W. 2 gave evidence that the money was spent for maintenance and education of the defendants and also for carrying out repairs to the well. There is, therefore, no question that, as found by the Courts below, the mortgage is supported by necessity and is binding on the defendants.

The only other question that arises is whether the mortgage executed by the mother as the de facto guardian of the minors, while the father is alive, is valid or not. The position of the de facto guardian under Hindu law is indeed so well established that there is no need to cite any authority for the proposition that an alienation by a de facto guardian, if for necessit