Judgement

RAMASWAMI, J. : This appeal is brought, by certificate from the judgment of the High Court of Allahabad, dated January 23, 1959 in First Appeal No. 139 of 1946.

2. Some of the plaintiff-respondents and the predecessor-in-interest of other plaintiff respondents owned lands in mahal Narain Singh village Khetalpur Sahruiya. They executed a simple mortgage of this property on May 9, 1914 in favour of two persons Bansidhar and Khub Chand, for a sum of Rupees 12,000. Subsequently a sale-deed of half of this property which had been mortgaged was executed by the owners (now represented by the plaintiff-respondents) on February 9, 1920, in favour of Shanti Saran, the first appellant and three others, the remaining appellants. The consideration for the sale deed was a sum of Rs. 16,000 out of which a sum of Rs. 13,500 was left with the purchasers for payment of the amount due to the mortgagees on account of principal and interest under the mortgage, dated May 9, 1914. The purchasers entered into possession, of the property conveyed to them but neither they nor the appellants made any payment to the mortgagees who in due course brought a suit against the respondents for the recovery o