Kanhaiya Singh, J.

1. This is a second appeal by the defendants first party from the concurrent decisions of the Courts below.

2. The facts so far as they are necessary for the disposal of the present appeal are as follows. Hindu Mahto, Bengali Mahto and Chhangali Mahto, full-brothers and members of a joint Hindu family, executed in favour of the defendants first party a usufructuary mortgage bond dated 8-4-1918 in respect of their milkiat share of 15 gandas in village Jagir Sahib Ramnaik bearing tauzi No. 5720 which comprised 2 bighas 5 kathas 2 dhurs and 18 dhurkis of bakasht land. Again in 1919 they executed in favour of the defendants first party themselves a simple mortgage bond in respect of the same property.

The defendants first party sued the mortgagors on the foot of this simple mortgage and obtained a mortgage decree in 1932. They levied execution of the decree in 1934, but the execution case was dismissed for default. In 1936, by which time one of the brothers, namely Bindu, was dead, Bengali and Chhangali transferred the equity of redemption in respect of the aforesaid property to the defendants first party by virtue of a registered deed of sale dated 16-9-1936