Lord Sumner:-

In 1863 Debi Das lent Rs. 7,700 to Ram Baksh on a usufructuary mortgage of his half share in a mauza called Lodha Mai, in the district of Etah. Debi Das died a good many years ago, and the present appellants, the plaintiffs in the suit, are his representatives-in-interest. A suit was begun in 1877 for redemption of this mortgage, and a decree was made on payment of 6,988 rupees, which sum was brought into Court. Debi Das appealed on the ground that this sum was not enough, and it was increased by a further sum of Rs. 8,956. While the appeal was pending he had managed to take the money out of Court, and the mortgagors had then got possession. They paid, however, no more, and accordingly, in 1879 their redemption suit stood dismissed. Debi Das then applied to be, and was, replaced in possession, and, having sued for mesne profits during the time he was out of possession, he got a decree in 1881, in execution of which the Court sold the mortgagor's equity of redemption at auction. Debi Das being the buyer, was put into possession as full owner in 1883.

It might have been supposed that this was the end of the mortgage of 1863, but, strange as it may seem, this appeal is no