Sinha, J.

1. This appeal on behalf of the defendants-first party is directed against the judgment and decree, dated 30th December 1945, passed by the learned Subordinate Judge of Muzaffarpur confirming those of the Munsif of Sitamarhi in a suit for redemption.

2. It appears that, by virtue of a usufructuary mortgage bond dated, 25th October 1933 (EX. A-5), the defendants-second party mortgaged portions of the land in dispute to the defendants-first-party, securing a sum of Rs. 1,250. Out of that sum, Rs. 520 was paid in cash to the mortgagors, and Rs. 730 was left in deposit with the mortgagees to redeem two previous mortgage bonds of one Aklu Sabu, one for Rs. 260 and the other for Rs. 67, as also to pay RS. 413 to a third party in respect of a decretal debt. The document provided further that the money will become payable in the month of baisakh 1346 Fasli on the expiry of the term of six years, for which the mortgagees were put in possession of the property. The rehan deed contained the further stipulations in these terms:

"It may be noted that whenever necessity arises the rehandars shall demand the principal rehan money at any time from us, the executants, and we, the