This second appeal arises out of a suit brought by the plaintiff for the cancellation of a part of mortgage deed and allowing the residue to stand. The trial Court (Munsiff Court, Khargone) decreed the suit, but on appeal, the District Judge of Mandleshwar in civil Appeal No. 32 of 1949, non-suited the plaintiff on the ground that such a suit could not be maintained.

2. The facts in short are that the plaintiff Chajulal owns a house No. 272 in Kalali Mohalla Khargone. His neighbour Hiralal (defendant 1) mortgaged his house No. 271 with possession to Gokul s/o Sitaram, who is defendant 2 in this case. The plaintiff alleges that Hiralal, the mortgagor has wrongly stated the following facts in the mortgage-deed : (1) That the middle wall is of exclusive ownership of Hiralal defendant 1. In fact it is a common wall and belongs to both. (2) That the drain-water from the house, that is mortgaged, flows through the house of the plaintiff. (3) That Hiralal has a right of way for the sweeper to go through the court-yard of the plaintiff's house.

3. It is stated that the above recitals in the mortgage-deed are likely to prejudice him in the future, and, because they infringe upon his