Baker—Although the facts of this case are given in the judgments of the lower Courts, they are a little unusual and it will be well to repeat them.

2. The plaintiff's father executed a registered mortgage-deed in favour of the defendant in 1906 for Rs. 1,500. He died, leaving the plaintiff, a minor, and during his minority the plaintiff's mother Rangubai, in satisfaction of the debt due on this mortgage, executed on 25th June, 1917 two documents, namely, one sale-deed of the property mortgaged, the consideration being Rs. 3,000, and one deed of transfer for Rs. 1,000 by which she transferred the right of receiving money due under a lease from one Sitaram for four years. The consideration of this document was Rs. 1,000 made up as follows: Rs. 475 due on another mortgage, which the defendant paid, and Rs. 525 due on the original mortgage of the defendant for Rs. 1,500. The defendant represented to her that on making account Rs. 3,500 was due. The plaintiff brought the present suit alleging that as the rule of Damdupat applied to Berar, only Rs. 3,000 were due on the mortgage and, therefore, it was fully satisfied by the sale-deed. Out of the consideration of the transfer deed,