Sir George Lowndes.—

These appeals are the sequel of a case which came before the Board in November 1923, and is reported as Nagendrabala Dasi v. Dinanath Mahish, AIR 1924 PC 34=81 IC 752=51 IA 24-51 Cal 299 (PC). The facts are stated in the judgment then delivered, by Lord Dunedin, and it is not necessary to repeat them in detail.

The result of that case was that the present appellant was held to be a trustee for the mortgagors of a mortgage decree, and also of certain properties which he had purchased at a sale in execution of the decree, in the name of his wife, the present appellant 2, and was ordered to transfer the decree and the properties to one set of mortgagors, the plaintiffs in the suit, upon their recouping to him the sum he had paid for the purchase of the decree plus the amount of some additional payments which he had made to save the properties from being taken for other executions. There were three other sets of mortgagors who were defendants to the suit; the accounts between them were evidently of a complicated nature, and they offered no objection to a decree in this form.

The two suits now before the Board were instituted in 1924: one by the mortgagor plaintiffs in