JUDGMENT

Dalip Singh, J. - On 22nd April 1929, Sham Das, as manager of a joint, Hindu family, consisting of himself and his two minor brothers, executed a deed of mortgage for Rs. 825 in favour of the plaintiff. On 14th December 1929, Sham Das executed a deed of exchange in respect of the house under mortgage. The price of the house was fixed at Rs. 2,000 and the house to be given in exchange to Sham Das Rs. 1,500 was made up of Rs. 956-4-0 was priced at Rs. 500. The remaining principal and interest due on the previous mortgage, Rs. 14 due as rent, as the previous mortgage was with possession, Rs. 464 due on a bahi account to the plaintiff, and Rs. 65-12-0 to be paid before the sub-registrar. The defendant, Sham Das, refused to register the deed when presented for registration and the plaintiff was obliged to have the deed compulsorily registered, which he did sometime in April 1930. In the meantime on 23rd December 1929 Sham Das and his mother, Menghi Bai. sold the same house to defendant, Jassu Mal, and delivered possession to him in consideration of Rs. 2,500, Rs. 956 were left with the vendee for payment to the plaintiff on the prior mortgage, Rs. 500 were paid before the sub-re