This appeal arises out of a suit brought by the plaintiff-respondent for sale upon a mortgage executed by one Rudra Narain Singh on the 21st of January 1895. The property which the plaintiffs seek to sell for realisation of the amount of the mortgage is a share in the village Saondih. The plaintiffs' allegation is that this village belonged to Babu Chet Singh and was sold by him to his wife Dulhin Rup Kunwari in the year 1847; that Dulhin Rup Kunwari was the owner of the property and continued to be so till her death in 1887, and that upon her death it was inherited by Rudra Narain Singh as the next heir to her husband, he being the nephew of Chet Singh. One Bishun Shukul obtained a money decree against Dulhin Rup Kunwari and in execution of it caused the property in question to be attached and advertised for sale. Before the sale could take place, however, Dulhin Rup Kunwari died, and after her death Rudra Narain Singh first executed a usufructuary mortgage on the 14th of March, 1893, and subsequently, in lieu of the amount secured by that mortgage, the mortgage of the 21st of January, 1895, on which the present suit is based. It is said that with the money raised by Rudra Narain