Judgement

VENKATARAMA AYYAR, J. : The properties which are the subject matter of this litigation are agricultural lands of the extent of 18 acres 23 cents situate in Mauza Chowki. They originally belonged to Khiran Rai, Firangi Rai and others, and were usufructuarily mortgaged by them on 10-8-1900 to Babunath Prasad and Babu Misri Lal under two sudbharana deeds, Exhibits 2 and 3, for a sum of Rs. 1,600.

The defendants of first party are the representatives of these mortgagees. In execution of a money decree passed against the mortgagors 9 acres 6 cents out of the above lands were brought to sale on 11-6-1907 and purchased by Rameshwar Prasad Singh, the undivided uncle of the first plaintiff. On 23-12-1913 the remaining extent of 9 acres 17 cents was purchased by the first plaintiff from the mortgagors, and thus, the plaintiffs who were members of a joint Hindu family became entitled to all the interests of the mortgagors in the suit lands.

In 1943 they deposited under S. 83, T. P. Act, the amounts due on the mortgage deeds, Exhibits 2 and 3, in the Court of the District Munsif, Monghyr. The defendants of the first party withdrew the amount, and the mortgages thus became redeemed.

When