Sinha, J.

1. This appeal is by the defendants 2nd party to an action for a declaration of title and recovery of possession with mesne profits.

2. The plaintiffs case is that the suit lands, namely, 14 bighas--8.30 acres, khata No. 741, plot Nos. 3554, 3555 and 3556, were the plaintiffs zirat lands. The plaintiffs ancestors had given, a registered rehan bond, dated 27-10-1897 (wrongly mentioned as the 28th October in the judgment) to one Basdeo Singh alias Baso Singh, in respect of 15 bighas 11 kathas of land in their milkiat share in Tauzi No. 1319, including the suit lands (Exhibit 5 original and exhibit 5a certified copy).

Thereafter, the plaintiffs ancestors executed another registered rehan bond sometime in, June, 1907 in favour of Raushandayal Singh and others in respect of 29 bighas of lands in villages Chaugain and Khairahi. The Chaugain lands-included the rehani lands covered by the earlier rehan bond in favour of Basdeo Singh. A portion of the rehan money was left with the second-mortgagees to redeem the earlier mortgage.

The second mortgagees redeemed the earlier mortgage bond and, thereafter, remained in Possession of the lands in suit. The defendants 3rd party a