B. N. NIGAM, J.

( 1 ) NIRMAL Kumar Jain filed suit No. 37 of 1952 in the Court of Civil Judge, Sitapur claiming recovery of a sum of Rs. 6,750/-,. e. , a sum of Rs. 5,790/15/- on account of principal and the balance on account of interest at 3 per cent per annum from 26-8-1946 up to the date of the suit. The facts alleged were that Amar Singh and Sumer Singh had in 1922 executed a mortgage for rs. 1,17,400/- in favour of Madho Ram and others. Out of this mortgage money Rs. 69,200/belonged to Madho Ram, and Rs. 26,778/- were advanced by Raghubar Dayal now succeeded by defendants 1 to 3, Satya Prakash, Smt. Indra Kumari and Smt. Rajul Man. The balance of. Rs. 21,422/- was advanced by Salik Chand defendant No. 5 and Misri Lal defendant No. 6. Madho Ram is now succeeded by his son, Nirmal Kumar Jain, the plaintiff. After Madho Rams death, a suit for redemption of the mortgage was filed and was decreed on 18th March, 1929. Certain amounts were realised. These are not in dispute. After 1939 a sum of rs. 38,789/-was deposited by the mortgagors towards the decree. For certain reasons which do not concern us, the amount was deposited with the Imperial Bank of India, Sitapur in a fixed depos