JUDGMENT

1. The dispute in this appeal relates to a house situated in Gorakhpur city. The house was originally an enclosure, belonging to Chunni. Chunni died leaving two widows, Musammat Pati and Musammat Somni, and a daughter, Musammat Ganga Dei. In 1910 a partition took place whereby the disputed enclosure was allotted to the share of Musammat Pati. On the 7th of September 1914 Musammat Pati mortgaged that land with Hansraj for Rs. 150 stating that Rs. 25 out of the same were required for the repairs of her own dwelling house and Rs. 125 for giving a caste dinner in connection with the death ceremonies of her husband. Her husband had died about 4 years earlier. The Court of first instance found that Rs. 25 had been borrowed for the purpose of repairing the dwelling house occupied by Musammat Pati, which was in a dilapidated condition, but there was no legal necessity for borrowing Rs. 125 for giving a cane dinner. It, however, awarded Rs. 600 to the mortgagee on a count of the cost of constructing a house over the disputed land after the mortgage. On appeal the Additional District Judge came to the conclusion that there was no legal necessity whatever for the mortgage and that the