Judgment

DAS J. : This appeal arises out of an application by five out of ten judgment-debtors made under Section 8 of the U. P. Debt Redemption Act (No. XIII of 1940 for ascertaining the amount due by them in accordance with the provisions of Ss. 9 and 10 of that Act and for amending the decree passed on March 31, 1939 by the Additional Civil Judge, Banaras, in O .S. No. 33 of 1938. The facts material for the purposes of this appeal may now be briefly stated.

2. By a mortgage deed executed on June 22, 1922, Madho Ram, Sita Ram, Jai Ram and Lakshman all sons of Pandit Raja Ram Pant Sess mortgaged certain immovable properties in favour of Damodarji, son of Kanta Nathji, owner of the Kothi Joshi Shivanath Vishwanath for the due repayment of the sum of Rs. 8,000 advanced on that date by a cheque together with interest thereon at 12 annas per cent. per mensem with quarterly rests. On July 28, 1931 the said mortgagors and their sons executed a mortgage over the same properties in favour of Kothi Kamta Nathji Vishwanathji for the due repayment of Rs. 8,000 with interest thereon at twelve annas per cent per mensem with quarterly rests. It is recited in the deed that the sum of Rs. 8000 was