S.C.Misra, J.

1. These two appeals are by the decree-holders. Miscellaneous Appeal No. 300 of 1960 arises out of the decree passed in Mortgage Suit No. 31 of 1931 and Miscellaneous Appeal No. 301 of 1960 out of the decree passed in Mortgage Suit No. 30 of 1931. The mortgagee S. C. Roy, held a mortgage executed in his favour by Thakur Jagat Udai Nath Sahdeo, father of respondent Thakur Jogendra Nath Sahdeo, on the 17th of February, 1922, by which he mortgaged eight annas interest in village Hasag and under the second he mortgaged sixteen annas interest in village Nilma. Preliminary decree was passed in both the suits on the 28th of January, 1932, and final decree on the 19th of November, 1932. On the 9th of February, 1933, two execution cases were started at the instance of the decree-holders of the decretal dues. It appears, however, that during the pendency of the execution proceedings, the judgment-debtor prayed for relief under the Chotanagpur Encumbered Estates Act, 1876 (Act 6 of 1876). The prayer was allowed and the execution cases were accordingly stayed sine die on the 17th of February, 1938.

The dues, however, of the appellant-decree-holders, could not be satisfied