V.Ramaswami, J.

1. In the suit which is the subject-matter of this appeal the plaintiff alleged that he and Ramasis executed an unregistered rehan bond on the 30th January, 1913, for a sum of Rs. 800.00 in favour of one Ram Sahay Pathak with regard to 11 bighas and odd of kasht land situated in mauza Tar. After the last Survey and Settlement operations there was a disruption in the joint family of the plaintiff and the shares of the mortgage money payable by different branches of the joint family were paid off and only the share of the plaintiff, which was one fourth, remained to be redeemed.

The plaintiff alleged that he tendered the amount of Rs. 200.00 to the defendants in Jeth, 1337 Fasli, but the defendants refused to accept the same and later on the plaintiff deposited the amount in the court of the 1st Munsif of Arrah. Then notice of the deposit was duly served upon the defendants, but they refused to withdraw the money or give up possession of the mortgaged land. Defendant No. 2 contested the suit on the ground that the mortgagees were in possession of the disputed land for more than twelve years and so they had acquired an absolute title and there was no relationsh