Judgement

Appeal (No. 51 of 1937) from two decrees of the High Court (May 20, 1935) reversing a decree of the Additional Subordinate Judge of Asansol (April 20, 1931).

The appellants were the successors in title to the grantees of a patta or lease for 999 years in respect of certain mining rights. This lease contained a clause giving the grantees liberty to alienate the property by making gifts, sales, sub-leases or any other kind of transfer.

The grantees sub-demised their rights to one Martin.

By various subsequent assignments Martins interest under the sub-lease became vested in Patel, one of the present respondents.

Patel executed two mortgages of his leasehold interest, (1.) of an undivided moiety of his underground rights, which mortgage was transferred to the second and third respondents and (2.) of the whole of his underground rights, subject to the first mortgage, to the first respondent. Both the mortgages were in the form of English mortgages.

[The material terms of these mortgages are stated in the judgment of the Board.]

None of the mortgagees entered into possession, but, the rent reserved by the sub-lease to Martin having fallen into arrears and the covenants of the