( 1 ) THIS is a first appeal by the plaintiff firm whose suit has been dismissed by the Additional District Judge, Gwalior.

( 2 ) THE facts are these. On 20-12-1952 Har Narain defendant No. 1, on behalf of himself and his minor son Ramjidas defendant No. 2, mortgaged a house in Janakganj, Lashkar for Rs. 8,000/-in favour of the plaintiff. The mortgage money was repayable within three years. There was a subsequent charge created by a deed of 30-3-1933 for Rs. 3,000/- on the same terms and conditions. On 1-6-1942 the mortgagors sold a part of the property to one Mataprasad and the latter paid to the mortgagee firm a sum of Rs. 12,000/- on 1-8-1942 when the portion sold to Mata Prasad was released by the mortgagee.

( 3 ) THE present suit was brought by the mortgagee on 19-12-1947 for Rs. 15,299/9/ -.

( 4 ) HAR Narain's defence was that the amount paid to the mortgagee on 1-81942 was in full and final satisfaction of the mortgage debt.

( 5 ) RAMJIDAS defendant No. 2 resisted the suit inter alia on the ground that his father had no right to mortgage the ancestral property as there was no legal necessity for the same.

( 6 ) THE trial Judge has held:

1. That the mortgage deb