Abdur Rahim, J.

1. The 1st defendant, the Zemindar of Tarla, who died during the pendency of this suit, has been succeeded by the 2nd defendant who is the son of the 1st defendants deceased eldest son. The other defendants are the sons and grandsons of the Zemindar. The suit was instituted on a mortgage executed on 3rd October 1903 by the 1st defendant. The other defendants were made parties on the allegation that they were interested in the right of redemption and also that they were benefited by the debts contracted by the 1st defendant who was the head and managing member of the family.

2. The 2nd defendant and defendants 3 to 7 alleged that there was no necessity either for the mortgage or for the previous promissory notes which were merged in the mortgage, and that the 1st defendant had no right to create a mortgage and that it did not bind the estate. It appears however that the suit was compromised, the razinamah being to the effect that the 1st defendant should pay the sum agreed upon in certain instalments that the debt was binding on the estate and that on failure of payment according to the razinamah the mortgaged property would be sold and the money realised from