1. The fifth defendant in Special Civil Suit No.16 of 1951 in the Court of the Joint Civil Judge, Senior Division at Belgaum is the appellant in this Court. The material facts of this case are as follows:

2. The plaintiff is the Swamiji of Uttaradhi Math. According to his case he pledged a gold pot weighing over 400 tolas through his agent Madhwachar with the money - lending concern belonging to the family of defendants 1 to 4 for a sum of Rs.30.000/- The pledge in question was made on 10-01-1949. His further case is that out of the sum of Rs.30,000/-, he had already discharged a sum of Rs.23,000/-. When he offered to pay the balance amount and asked for the redemption of jewel, defendants 1 to 4 failed to give back the jewel in question and thereafter, he came to know that they had re - pledged that jewel with the fifth defendant for a sum of Rs.33,750/-. He demanded possession of the jewel from the 5th defendant. The fifth defendant having refused to comply with the demand made, he is constrained to file the present suit.

3. Defendants 1 to 4 belong to a Hindu joint family of which the first defendant is the Karta. They are money - lenders. The money - lending business was manage