Kanhaiya Singh, J.

1. These appeals, First Appeal No. 429 of 1951 and Miscellaneous Appeal No. 226 of 1950, were heard together as they arise out of the same transaction and involve common facts, and this judgment will govern both. It will be more convenient to deal with them separately.

2. F. A. 429/51. -- The First Appeal has been brought from the judgment of the Additional Subordinate Judge, dated 22nd August, 1951, by which he decreed the plaintiffs suit for accounts. The facts may be shortly put as follows. The dispute relates to the estate of late Chandreshwar Prasad Narayan Singh, the proprietor of Maksudpur Raj. On 17-2-1924 he executed in favour of Raja Bahadur Sir Rajendra Narayan Bhanj Deo of Kanika, whose son Raja Sailendra Narayan Bhanj Deo is the defendant in the suit (hereinafter referred to as the Raja of Kanika), a simple mortgage hypothecating the properties mentioned in Schedule A to the plaint to secure repayment of Rs. 4,00,000.

On 1-6-1935 the Raja of Kanika instituted Mortgage Suit No. 27 of 1935 in the Court of the 3rd Subordinate Judge, Patna, to enforce the said mortgage and on 22nd April, 1936, obtained a preliminary decree for Rs 6,00,000 which d