1. This is an appeal by the defendant to set aside the decree dated 27-8-1941 passed by the Court of the Additional District Judge, Saugor, in civil Appeal No. 46B of 1940. For a proper understanding of the case it is necessary to set out the following genealogical tree:

See pedigree on page 147,

= SHANKARNATH PANDYA = | _____________________________________________________________ | | | | | | Gulab Shankar Girja Shankar. Chhote Krishnaji Gopalji Umashankar | X. (Plaintiff 1). (Plaintiff 2). (Plaintiff 3). Ramesh (Plaintiff 4).

2. Plaintiffs 1 to 3 are brothers, plaintiff 4 is their nephew and a son of their half-brother Gulab Shankar. Shankarnath Pandya as a guardian of the minor plaintiffs filed a suit on 22-11-1939 against the defendant to recover Rs. 2500 due with interest on account of the transactions between the parties. The defendant was a contractor who had dealings with the plaintiffs, and borrowed money from them from time to time. From 27-2-1926 to 28-7-1926 the defendant borrowed in all Rs. 3859. Interest due on that sum was Rs. 1413-1-0. The defendant paid Rs. 450 towards interest and took a further loan of Rs. 2050 on 23-10-1927, and executed a sarkat in their f