( 1 ) THIS is a plaintiffs appeal arising out of a suit for the recovery of a sum of Rs. 10,000/- from the defendants respondents. The facts, briefly stated, are as follows:

( 2 ) ONE Baijnath, brother of Sheo Prasad, Plaintiff appellant 2, and father of plaintiff appellant 1 and one Janki Prasad, husband of Smt. Ram Dulari defendant respondent 3, were close relations. Baijnath, according to the plaintiffs appellants, was a member of a joint Hindu family along with the other plaintiffs and used to deposit at different times, various sums of money with Janki prasad. Janki Prasad used to carry on money-lending business on an extensive scale. He used to advance money to various debtors and on one occasion on 30-7-1920 he obtained a mortgage deed from two persons, Mohammad Askari and Agha Ali for a sum of Rs. 9000/ -. The amount was not paid by the mortgagors and both Janki Prasad and Baijnath filed a suit on the basis of the mortgage and obtained a decree and the mortgaged property was sold and a sum of rs. 14,850/- was deposited in court on 4-6-1921. There was a dispute between Baijnath and Janki Prasad about the ownership of the mortgage money, and Baijnath filed a suit