JUDGMENT

Iqbal Ahmad, C.J., Bajpai and Dar, JJ. - This is an appeal against a judgment and decree, dated July 16, 1941, of the Civil Judge of Bareilly in an execution matter.

2. On July 1, 1920, Kanhai Lal, a Hindu resident of Anwla in Bareilly district, executed a simple mortgage of certain zamindari property situated in Bareilly district in favour of Bhairon Prasad for Rs. 8,000. The sum secured by this mortgage carried an interest of ten annas per cent, with yearly rests. Soon after the execution of the mortgage both the mortgagor and the mortgagee died. The mortgagor, Kanhai Lal, left two sons--the elder Ram Sarup by his pre-deceased wife and the younger Krishna Murari Lal by his second wife, Mst. Ketki, who survived the mortgagor Bhairon Prasad, the mortgagee, also left two sons--Ram Sarup and Ram Bharose Lal. In the year 1925 a partition took place between the sons and the widow of Kanhai Lal, as a result of which the family property and the family debts were divided and with the consent of the sons of the mortgagee viz. Ram Sarup and Ram Bharose Lal, the liability of the mortgage of 1920 was divided half and half between Ram Sarup and Krishna Murari Lal. On September 21, 1927,