Ramratna Singh, J.

1. This appeal is by one of the defendants in a mortgage suit. The appellant and respondents 2 to 4 executed a usufructuary mortgage bond in favour of plaintiff-respondent No. 1 on the 19th June, 1942 for Rs. 20,000.00 bearing interest at the rate of eight annas per cent per mensem, and in lieu of interest they put the mortgagee in possession of a house situated in the town of Muzaffar-pur which they hypothecated as security for the loan. Each of the four mortgagors had one-fourth share in this property; and it was stipulated in the bond that even one of the mortgagors would be entitled to get his share in the house released on payment of his quota of the mortgage money, that is, Rs. 5,000/-. The due date of payment of the mortgage dues was the 3Oth Baisakh 1352 Fasli, which expired long before the institution of the suit.

The mortgagors took a lease back of the house for three years from the 19th Asarh 1349 Fasli, corresponding to the 17th July, 1942, A. D. and a Keraiyanama was executed by them on the 24th September 1942. The rent payable was Rs. 100.00 per month, Rs. 25/- being the quota of each of the mortgagors. Even after the expiry of the term of t