JAGANNADHADAS, J.

( 1 ) THE 1st defendant is the appellant in this second appeal. The appeal arises out of a suit filed under Order 21, Rule 63, of the Civil P. C. , which has been filed by the plaintiff-decree-holder against whom an adverse order was passed, on a claim filed by the 1st defendant. The suit was dismissed in the trial Court, but on appeal it was decreed against the 1st defendant and hence this appeal.

( 2 ) THE suit property comprises two lots, specified in the plaint covering an extent of. 010 acres which admittedly belonged to one Kinu Sahu. Defendant 1 is his daughter. D. 2 according to the plaintiff is the adopted son of Kinu Sahu and D. 3 is the son of D. 2. Kinu Sahu appears to have died sometime long prior to 1919. D. 2 borrowed a sum of Rs. 90/-from the plaintiff on a mortgage of certain property, other than the suit property, admittedly belonging to Kinu sahu. The mortgage is Ex. 1 dated 5-5-1919. The palintiff filed subsequently a suit on that mortgage, obtained a decree, brought the properties to sale and realised thereby a portion only of the amount due. For the balance of the amount, he applied for and obtained a personal decree on 23-4-38. During the