B.K. Chaturvedi, J

Respondent (Plaintiff) Satyanarayan is the son of Mangal. He filed a suit alleging that on 20-8-1938 Ramdayal, as the manager of joint Hindu family, consisting of himself and his two sons Dwarkaprasad and Shardaprasad, executed a registered sale-deed in respect of the mortgaged fields Khasra Nos. 125/2, 126 and 128 of mouza Dehari, which were his absolute occupancy lands, in favour of Mangal, the Plaintiff's father, for a consideration of Rs. 950. These fields were mortgaged with possession with the Defendants Nos. 1 and 2, for a consideration of Rs. 450. These Defendants Nos. 1 and 2 were also members of the joint Hindu family. Ramdayal needed money to pay off the arrears of land revenue. The sale-deed is dated 20-8-1938, and the material portion of the recital therein is as follows:

We are in acute necessity of paying the malguzari rent. Therefore, we absolutely sel' to you for ever the absolute occupancy land in our possession; fields No. 125/2, No. 126 and No. 128, situate at mouzu Dehri, Tahsil and District Hoshangabad, for a consideration of Rs. 950. The sole land is mortgaged with Shyamlal son of Govindram Brahman, resident of Itarai, Tahsil Hoshanga