1. This is an appeal from the judgment of our brother Kumaraswami Sastri, J., decreeing a suit by the Bank of Mysore based on a mortgage deed, dated the 6th May, 1925, for Rs. 1,00,000.

2. The plaint (paragraph 6) alleges that the defendants paid on the whole Rs. 18.672-2-0 up to 6th February, 1927, which the plaintiff Bank appropriated in a particular manner. The suit is to recover the balance. The defendants admit the allegations contained in paragraph 6 of the plaint but plead that "on account of the relationship existing between them and at their request, the said Sir Haji Ismail Sait has paid to the plaintiff the entire amount due on the mortgages referred to in the plaint. The actual date of the payments are not known personally to these defendants but they are informed and believe the same to be true that by 3rd March, 1926 or thereabouts the payments aforesaid by Sir Haji Ismail Sait were completed". The defendants also pleaded in the course of the trial as probabilising the above plea of discharge that Sir Haji Ismail Sait had a large sum of money amounting nearly to two lakhs belonging to them in his hands and that the payments made by Sir Haji Ismail Sait were mad