Bennet, J - (1.)These are two connected First Appeals No. 312 of 1928, by the minor defendants Gobindji and Rawanji and No. 476 of 1928, by the plaintiffs the firm of Lallamul Hardeo Das against a decree of the learned Subordinate Judge of Muttra in which the suit of the plaintiff has been decreed in full but certain of the mortgaged properties have been partly exempted. There were originally three minor defendants-appellants, but the minor Chirota died after the filing of the appeal, and his name has been expunged as his father Mohan is a party to the appeal.
(2.)The plaintiff firm sued on a simple mortgage deed of 6 December 1921. Execution of this mortgage deed was denied, but it has been proved that it was executed by defendant 1 Jamna Prasad on his own behalf and as guardian of his minor son defendant 4 Sohan, and also executed by defendant 2 Kunj Behari Lal on his own behalf and as the guardian of his minor sons Gobindji and Rawanji the present defendants-appellants, and by Mohan, defendant 3. These defendants are related as follows:
(3.)The amount of the mortgage money was Rs. 24,000 and the rate of interest was 10 annas per cent per mensem compoundable half-yearly. There were four properties mortgaged, No. 1 being a haveli called Bara or Nohra and bearing the number 1543; No. 2, a dwelling house; No. 3, an enclosure containing kachcha and pucca houses; and No. 4, the mortgagee rights in three pucca shops. The written statement of the present appellants denied the execution of the mortgage or that it was for consideration and alleged that in any case: There was no pressing legal necessity... nor was any benefit or gain of the family considered, nor was it obtained.