JUDGMENT

Kanhaiya Lal, J. - The plaintiffs claim to be the reversionary heirs of one Gaya Prasad Misir, who died leaving two widows Mt. Jasoda Kunwar and Mt. Bindhachal Kunwar. He had a brother Mangla Prasad, who had died before him, leaving a widow, Mt. Sheerani Kuar. Gaya Prasad was indebted to a parson named Kamta Prasad, who obtained a decree after his death against his widows on the 5th September 1908. In execution of that decree Kamta Prasad got 150 maunds kham of grain in the possession of the widows attached on the 17th July 1909. It is not suggested that the grain attached was the produce of the time of Gaya Prasad. Gaya Prasad had, in fact, died over a year earlier. The widows paid up the decretal money by borrowing Rs. 400 from Gauri Shankar and executing a mortgage-bond for that amount in his favour and the question for consideration is whether that mortgage-bond was made for valid necessity and was binding on the reversioners.

2. The trial Court found that it was binding on the reversionary heirs of Gaya Prasad and that the rate of interest mentioned therein was not excessive. The lower appellate Court, however, found that though the widows were under no obligation to us