Judgment

SHELAT, J. : The predecessors of one Teja Hazari were the owners of lands admeasuring 15S bighas situate in the village Naraina near Delhi. Between August 1861 and October 1869 they executed seven usufructuary mortgages in favour of one Dharamdas to secure repayment of an aggregate sum of Rs. 1,290 advanced by him. Dharamdas died leaving him surviving his son Parmeshwardas. The said Parmeshwardas sub-mortgaged the suit lands in favour of one Badam, Chunder and Ganga Sahai, the ancestors of the appellants for Rs. 650 by mortgage-deeds, dated February 21, 1902 and April 8, 1902. Thereafter he sold his mortgage rights to Ganga Sahai and Hira Singh, the predecessors in title of the respondents for Rs. 1,290. By a deed of sale dated March 9, 1903 the said Teja sold equity of redemption in his 3/4th sharein the said mortgaged lands for Rs. 1,900 in favour of Badam Jaishi, Chunder Bapal, Kalu Harnam and Badam Gulab, the predecessors-in-title of the appellants. As a result of these transactions the position in 1903 was that the predecessors-in-title of the respondents stood in the position of mortgagors subject to the said sub-mortgage and the predecessors-in-title of the appellant