S.S.Dulat, J.

1. The land in suit belonged to Beli Ram and it was on his death inherited by his widow Mehr Devi. In April 1951 Mehr Devi mortgaged the land 12 kanals 18 marlas in area, with Jai Ram for Rs. 2,000/- and in October that year Tola Ham, a brother of Beli Ram, brought a suit to challenge the mortgage on the ground that it was made without necessity. The trial Court found necessity for the mortgage proved to the extent of Rs. 1,475/-, and finding it without necessity for the balance, granted Tota Ram a declaration that it would not affect his reversionary rights except to the extent of Rs. 1,475/-.

Both parties appealed against the decree. The appellate Court allowed the plaintiffs appeal and held that the mortgage was wholly without necessity and therefore granted a decree to the plaintiff that it would not affect his reversionary rights after Mehr Devis death. The mortgagee, Jai Ram then filed a Second Appeal in this Court, and at the time that it was heard by Chopra, J., the Hindu Succession Act, 1956 had come into force.

It was urged, therefore, that in view of the provisions of Section 14 of that Act, the suit of the reversioners-plaintiffs had become pointle