Kanhaiya Singh, J.

1. These are second appeals by the plaintiffs from the Judgment and decrees of the 4th Additional Subordinate Judge, Chapra, dated the 28th February 1950, reversing the decision of the Munsif, 2nd Court, Chapra, dated the 7th August 1948, under which the plaintiffs suit for redemption and possession of the mortgaged properties was decreed.

2. The mortgage sought to be redeemed is a usufructuary mortgage executed so long ago as February 23, 1871, by Musammat Deorani Kuer, as mother and guardian of Agin Prasad Singh, ancestor of defendants third party in favour of Shedgulam Sah, grandfather of the husband of defendant No. 1, for a consideration of Rs. 1,875. The mortgaged properties consist of proprietary shares in certain villages comprised in new tauzi No. 1804 (parent tauzi No. 1761) of the Saran CoIIectorate. The mortgage bond provides (1) that the entire mortgage money will be repayable in five, years, and in the event of non-payment, the mortgage will remain in force until repayment, and (2) that the mortgagee will pay annually by way of haqhazri Rs. 108, in the first instance, to certain ladies named therein and later, on the death of the ladies, to