Rai, J.

1. Some of the important facts leading to the institution of this second appeal may shortly be stated as follows: One Bihari Belaar had a number of raiyati holdings included within knataa Nos. 15, 52, 64 and 66 situated in tola Beldari appertaining to village Barahmania, district Monghyr. At the time of partition oi the family properties, Bihari Beldar and his two sons got 12 annas share in the raiyati lands appertaining to the above mentioned khatas, and his third son got 4 annas share in those lauds.

Before the date of partition Bihari and his sons had executed on 4-6-1914, . a usufructuary mortgage bond (Ex. B) in favour of Makhan. Choudhary in respect of some of their lands. On 9-8-1913, Makhan Choudhary assigned his right in favour of Kailash, the present defendant No. 7. After partition in the family of Kailash the sud-bhama rignt was allotted to share of defendants 9 and 10 of the present suit. On 21-5-1925, Bihari and his two sons gave in usufructuary mortgage to one Kartic Mandal most of the plots covered by the usufructuary mortgage bond (Ex. B).

On 2C-4-1926, Jagdam, defendant 6, son of Kartic Mander, assigned his right in favour of the plaintiff On 14-6-