JUDGMENT

1. The contest in this appeal is between two rival claimants to mortgagee rights under a deed dated 12th December 1913, executed by Chhadammi Lal, father of defendant 1, in favour of Sheo Adhar for a sum of Rs. 3,000. The position of the contending parties will be presently explained. Two suits were brought in the Court of the Subordinate Judge, Cawnpore, one by the present appellant, Suraj Kumar for enforcement of the aforesaid mortgage, and the other by the respondent, Mt. Chandra Kala, for the same purpose. The two suits were tried together. In the result a decree was passed in the suit brought by the respondent, Mt. Chandra Kala. The present appellant's suit was dismissed. The mortgagor has acquiesced in the decree passed against him. The present appeal was preferred by the appellant, Suraj Kumar and is directed solely against the respondent, Mt. Chandra Kala as regards her right to enforce the mortgage.

2. The following pedigree will explain the position of the parties inter se:

                    SADA NAND                  (died in 1918)                         |         _______________________________         |                             |      Suraj Kumar