JUDGMENT

1. This appeal arises oat of a suit for sale brought by one of the appellants Eshaq Lal, and one Ramji Lal who is now represented by the other appellants, for recovery of money on foot of a mortgage-bond, dated the 6th of March, 1919, executed by the respondent, Dulla. The suit has been dismissed on the ground that Dulla had no right. to the property when he made the mortgage. Dulla did not appear in the case, but the respondent Harphul(who has since died and whose legal representatives have been brought on the record) alone contested the suit. The facts are briefly these.

2. One Bhuro had two daughters Bhag-wanti and Naoli. Bhagwanti's son is Dulla and Naoli's son is Harphul. Musammat Bhagwanti died sometime about 1907 and on her share of her father's property Dulla's name was recorded. Naoli died shortly before the institution of the suit and Harphul's name was recorded in her place. Dulla has made a gift of his half share in the property in favour of Harphul. It is also a fact that after the execution of the mortgage-deed in suit, Musammat Naoli brought a suit against Dulla to recover the half share recorded in the name of Dulla is, the khewat and got a decree.

3. The defe