JUDGMENT

Misra and Madeley, JJ. - This first appeal arises out of proceedings under the U.P. Encumbered Estates Act.

2. The facts are that on the 18th April, 1932, a mortgage deed was executed by Sheo Mangal Singh on his own behalf and on behalf of his minor nephew Sukhendra Bahadur Singh, for a sum of Rs. 2,000 in favour of Anant Ram and Mani Ram and hypothecated thereby certain properties which belonged to the joint family consisting of himself, his son, and his nephew, Sukhendra Bahadur Singh. Out of the amount borrowed it was stated in the mortgage deed that Anant Ram had advanced Rs. 1,300 and Mani Ram Rs. 700. After the passing of the Encumbered Estates Act Sheo Mangal Singh applied u/s 4. In his written statement u/s 8 he admitted the claim of the mortgagees but alleged that his liability was only to the extent of half, whereas the liability for the other half was on Sukhendra Bahadur Singh. Sukhendra Bahadur Singh was accordingly made a party to the proceedings and he disclaimed all responsibility for the debt on the ground that the mortgage deed was not supported by legal necessity or antecedent debt. It was, however, agreed on all hands that on hypothesis that the deed was