Reuben, J.

1. This appeal by the plaintiff is directed against a decision of the Additional Subordinate Judge of Purulia, dated the 25th July 1945, dismissing an appeal against decision of the Munsiff of Raghunathpur, dated the 24th March 1945. A cross-objection was filed in the lower appellate Court. This has been allowed and the suit has been remanded for a fresh decision on Issue No. 7 framed by the Munsiff and also on new issues directed to be framed by the Subordinate Judge. The appeal arises out of a suit for redemption.

2. The mortgaged property consists of a one anna share in a Kheraj brahmottar interest in mouza Mettala. The Kheraj brahmottar interest to the extent of four annas was held by four brothers, Haii Lall Tewari, Madhu Lall Tewari, Thakur Lall Tewari and Jatan Lall Tewari, each of the brothers being entitled to an interest of one anna. The one anna interest of Madhu Lall Tewari was mortgaged by his grandson, Jaso-danandan Tiwari (defendant No. 5), on the 26th May, 1921, to one Siva Narayan Mishra, father of defendants Nos. 1 to 3 and husband of defendant No. 4. Subsequent to this mortgage, on the 3rd November 1924, the Tewaris of the four branches execute