Judgment

SUBBA RAO, J. : This is an appeal by special leave against the judgment of the High Court of Judicature for Orissa dated March 3, 1955, setting aside the judgment of the Court of the district Judge, Mayurbhanj and restoring that of the Subordinate Judge, Balasore.

2. The facts leading up to this appeal may be briefly stated. The land in dispute originally belonged to one Bhagaban Parida, On July 16, 1924, he executed a registered kabala for a consideration of Rs. 2,000/- in favour of one Priyanath Sasmal. On June 2, 1928, Priyanath Sasmal executed a usufructurary mortgage bond (Ex. B) for Rs. 1,500/- in favour of Lakshminarayan Pani, the father of the appellants herein. Under the terms of the said usufructuary mortgage, the mortgaged property was put in possession of the mortgagee. One of the terms of the mortgage deed was that the initial responsibility for the payment of rent was that of the mortgagor and that, if for any reason he did not pay the arrears of rent, the mortgagee was under an obligation to pay off the arrears to the landlord and to obtain a receipt acknowledging the payment. the mortgagee did not pay the arrears of rent, with the result that for arrears of r