1. The action out of which this appeal has arisen was brought by Seth Nandlal and Seth Mojilal, now deceased and represented by Champalal son of Seth Mojilal, respondent 1, for enforcement of a mortgage dated 12th October-1928 (EX. P-H) executed in their favour by Rao. Kishoresingh, mortgaging thereunder full proprietary rights in mauza Selda which he held in maufi rights. It is common ground that on, Rao Kishoresingh's death in 1980, this village along with other property passed to the appellant, Ram Bhimsingh by right of primogeniture. Out of 21 defendants in the suit, Ram Bhimsingh who was defendant, was the only contesting defendant the other defendants being alienees from Ram Kishoresingh or their legal representatives supported the plaintiffs on the' main point in contest. It is not disputed! that the property in Rao Kishoresingh's family passed by the rule of primogeniture and in fact the point is settled by the decision of their Lordships of the Privy Council Kishore Singh v. Mt. Gahenabai, 1919 AIR(PC) 100.

2. The grounds on which defendant 1 opposed the present suit were briefly as follows: (a) That the mortgaged property, mauza Selda was a part of the Bhamgarh Est