R.K.Choudhary, J.

1. This appeal was originally filed by judgment-debtors 1 to 7, but by order No. 53 of this Court dated 21-1-1955 they have been transported to the category of the respondents and the heirs of respondent No. 1, since deceased, and respondents 10 to 18 have been transposed to the category of the appellants. Thus, the present appeal now is on behalf of some of the decree-holders.

2. The short facts are these. The judgment-debtors had certain interest in mokarrari tenure of surface right and certain interest in the underground right in Mouzas Tentulia and Thandabari which they mortgaged to the Chotanagpur Bank. Later on they mortgaged the same interest to certain other persons. In the year 1907 the Chota Nagpur Bank instituted a mortgage suit and in execution of the decree passed in that suit it purchased the mortgaged properties. Delivery of possession was obtained by it in due course.

In this mortgage suit, however, the subsequent mortgagees were not made parties. Some time in 1929 the subsequent mortgagees assigned the subsequent mortgage to the decree-holders who instituted a mortgage suit, being Mortgage suit No. 54 of 1938, against the judgment-debtors.