Lord Salvesen -

This is an appeal from a decree of the Court of the Judicial Commissioner of Oudh, dated 27th May 1925, reversing a decree dated the 30th April 1924, of the Subordinate Judge of Lucknow.

The first respondent, who alone appeared in the appeal, is the mortgagee under a mortgage dated the 18th April, 1908, and the appellants are the representatives by succession or purchase of two persons named Baqar Ali Khan and Ali Ahmad Khan.

The mortgage was executed by the two persons last mentioned in security of a sum of Rs. 7,000 loaned by the mortgagee for a term of five years in the first instance and bearing interest at the rate of 14 annas per cent. per mensem. It is in the ordinary form, and provision is made for interest being accumulated at compound rates in the event of nonpayment, and for the period of payment of the principal sum and interest being extended beyond the stipulated period in the option of the mortgagee.

The mortgagors were two of the family of a certain Qasim Ali Khan, originally the zemindar of the village of Jamwasi and the owner of certain other heritable properties. Qasim Ali Khan had as far back as the year 1892 executed a deed of gift in favour of his