1. The question in this appeal relates to the restitution by the appellant of a sum of Rs. 9,000 with interest to respondents 1 to 3. The sum in question was paid to him in these circumstances. O.S. No. 42 of 1931, on the file of the Subordinate Judge of South Kanara was a suit to enforce a mortgage executed by the first defendant in favour of the plaintiff. The second and third defendants in the suit belonged to the same joint family as the first defendant, but relief was sought by the plaintiff against the first defendant alone on the ground that the property mortgaged was the self-acquired property of the first defendant and that he had taken the amount advanced under the mortgage for his own purposes. The contention of the defendants, was that the property was family property and that there was no family necessity for the loan secured by the mortgage of it. The suit was decreed for the plaintiff on 10th August, 1932, and in execution of his decree he brought the property to sale and purchased it himself for Rs. 7,200. The defendants, however, deposited the requisite sum under the provisions of Order 21, Rule 89, a sum which, with incidental charges amounted to Rs. 11,47