Ramaswami, J.

1. In the suit which is the subject matter of this appeal, the plaintiffs claimed that they were entitled to recover a sum of Rs. 5,291/- and odd with interest by sale of the mortgaged properties described in Schedule 2 of the plaint. According to the case of the plaintiffs, the defendants first party had mortgaged the properties mentioned in Schedule 2 of the plaint to Suraj Prasad Sah, defendant fifth party, on 4-10-1926. The due date for payment In this mortgage bond was 16-5-1927.

On the basis of this mortgage bond, Suraj Prasad Shah instituted Mortgage Suit No. 15 of 1939 against defendants first to fourth parties on 18-4-1939 for realisation of his dues. On 30-4-1940, Suraj Prasad Sah obtained a preliminary decree for sale, and on 9-12-1941; the preliminary decree was made final. Defendant 14 had purchased a portion of the mortgaged properties in auction sales held on 4-5-1931 and 7-11-1932, and thereafter defendant 14 sold her interest in the mortgaged properties to the plaintiffs by two registered sale deeds both dated 29-12-1943.

After obtaining the decree in Mortgage Suit No. 15 of 1939, the defendant fifth party put the decree into execution and in