Judgment

DUTT, J. : - This appeal by special leave is at the instance of the defendants in suit for redemption of two mortgages and is directed against the judgment and decree of the Bombay High Court affirming those of the Join Civil Judge, Senior Division, Kolhapur, decreeing the suit.

2. On June 16, 1925, the predecessors-in-interest of the respondents executed a possessory mortgage bond for Rs. 5,000/- in favour of the predecessor-in-interest of the appellants. The mortgage bond contained a recital that the mortgagee should appropriate the income of the property consisting of some plots of land towards the sum of Rs. 3,000/- and was entitled to interest @ 9 % per annum for the balance sum of Rs. 2,000/-. By a second mortgage bond, which was by way of a simple mortgage executed on September 3, 1928, the mortgagors mortgaged the same property to the same mortgagee to secure repayment of a further loan of Rs. 2,000/- with interest @9% per annum.

3. The respondents filed a suit for redmption of the two mortgages in the court of the Subordinate Judge, First Class, Ichalakaranji, being Suit No. 3 of 1947. A preliminary decree for redemption was passed on September 20, 1948 and it was de