Mr. Ameer Ali:-

The suit which has given rise to this appeal was brought by the plain tiffs on the 28th July, 1908, in the Court of the Subordinate Judge of Ranchi under the following circumstances. The plaintiff Sri nath Roy purchased on the 15th September, 1899, in execution of a mortgage decree, Pargana Bundu, a property lying within the estate of Chota Nagpur. The second and third plaintiffs are Srinath Roy's brothers and inter ested in the purchase, whilst the fourth is an assignee of a share in the property in question. It appears that in 1895, the first three plaintiffs advanced a large sum of money to one Tikait Jagannath Roy, since deceased, who was then in possession of the property, on a mortgage of the same. The document of mortgage bears date the 2nd of August, 1895. In default of payment a suit was brought, and a decree obtained upon it in October, 1898.

The sale proclamation was issued on the 20th of July, 1899, and the sale held, as already stated, on the 15th of September, 1899. The plaintiff Srinath Roy obtained the sale certificate on the 20th of January, 1900. He claims that Pargana Bundu was the absolute estate of his mortgagor and that he is entitled to it by vi