( 1. ) THIS is an appeal against the judgment passed by the Additional district Judge, Neemuch decreeing the plaintiff-respondents suit for possession.

( 2. ) THE facts giving rise to this appeal are that one Suganchand and nandlal, the adoptive father of the appellant, were real brothers. The respondents Nos. 2 to 5 are the daughters of Suganchand. Nandlal, the adoptive father of the appellant, and Suganchand were living separately. Nandlal was living in Neemuch and Suganchand, being in Railway service was at Udaipur. The house in suit, situated in Neemuch, is the ancestral house, and as Nandlal, the father of the appellant, was residing in Neemuch, he was in possession of this house during his lifetime, and after his death it has been in possession of the appellant.

( 3. ) THE respondents filed the present suit on the allegations that in 1907 nandlal was in need of money, and for that reason Nandlal and his brother suganchand both mortgaged the suit house with possession with Lala Fulchand for a loan of Rs. 5000. The amount was obtained for Nandlal and it was used by him. It was alleged that as Nandlal was unable to repay the amount he executed a deed of surrender of his