1. This is an appeal by the defendants 1 to 5 to a suit for possession of two houses situate at Nagpur and for mesne profits.

2. The facts which are no longer in dispute arc as follows: On the foot of a mortgage deed executed by the defendant No. 1, Mahadeo, his brother Narayan, now deceased and his father Budhaji also now deceased, the plaintiff obtained a preliminary decree for sale of two houses belonging to them on 31-10-1933. He obtained a final decree for sale on 18-9-1939. It would appear that subsequent to the passing of the final decree but previous to the execution of the decree, Budhaji as well as Narayan died. Narayan left behind him two widows. Yamuna, defendant No. 4, and Parwati, defendant No. 6, and two sons Babusingh, defendant No. 2, and Harisingh, defendant No. 3, as his personal heirs. It is not clear as to the exact date on which Budhaji died, but it would appear that after his death his name was struck off apparently on the ground that his interest devolved upon his sons, who were already defendants to the suit and against whom a decree had been passed.

3. On 16-1-1940, the plaintiff made an application, Exhibit P-20, to the Court which passed the decr