BEG, C.J. :-This reference has been made in First Appeal No. 456 of 1956, which was filed by the two appellants, namely, Smt. Brij Raj Kumari, widow of Th. Gajendra Shah, and Th. Bikram Shah, son of Th. Gajendra Shah. The respondent in this appeal is Raja Mohamad Mustafa Ali Khan. The suit out of which this appeal arises was filed by Raja Mohammad Mustafa Ali Khan, as plaintiff' against Smt. Brij Raj Kumari and Th. Bikram Shah, as defendants Nos. 1 and 2 on the basis of a mortgage deed dated the 29th January, 1946. On the date of the execution of the aforesaid deed the estate of the appellants was under the superintendence of the Court of Wards, Shahjahanpur, and the estate of the respondent was under the superintendence of the Court of Wards, Gonda. Accordingly, the mortgagor in the deed of mortgage was the Court of Wards, Shahjahanpur, charged with the superintendence of the estate of Smt. Brij Raj Kumari and Th. Bikram Shah, and the mortgagee in the deed was the Court of Wards, Gonda, charged with the superintendence of the estate of Raja Mohammad Mustafa Ali Khan. It is not necessary to specify the terms of the mortgage as they are not relevant for our purpose.

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