JUDGMENT

Verma, J. - This is an appeal by defendant 1. The suit was for sale on foot of a deed of simple mortgage executed by Mt. Munno in favour of Lachhman Das on 4th November 1925. The mortgagee, Lachhman Das, assigned his mortgagee rights to the plaintiff, Mt. Parbati, on 5th February 1930. The appellant was impleaded as defendant 1 on the allegation that she was in possession of the property. Mt. Jamuna was impleaded as defendant 2 on the allegation that it was stated that she was a daughter of Mt. Munno. The Courts below have decreed the suit. The principal point which learned Counsel appearing for the appellant has argued is that the Courts below having found that no legal necessity for the mortgage in suit had been proved, the suit should not have been decreed. It seems to us however that before the point of legal necessity can be raised, it must be shown that Mt. Munno was in possession of the property holding the limited estate of a Hindu woman. The Court of first instance states in its judgment that it has not been proved by the defendants that Mt. Munno was in possession of the property as a limited owner under the Hindu law. It has also been found that Mt. Munno's husba