Shambhu Prasad Singh, J.

1. This second appeal is by defendant No. 2 against concurrent judgments and decrees of the two courts below, decreeing the suit of the plaintiff for a mortgage decree on the basis of a mortgage dated 9-8-1950 Facts relevant for the decision of the appeal are not in dispute and may briefly be stated On 9-8-1950, defendant nos. 1 and 2 executed a deed of mortgage in favour of the plaintiff for a consideration of Rs. 4000 for a period of three years in respect of holding Nos. 58 and 59 in Ward No. I of Gaya Municipality. On the same date, the plaintiff executed a deed of lease in their favour for a period of three years in respect of the property mortgaged. The defendants were to pay a sum of Rs. 40 per month to the plaintiff as rent. On 17-1-1953 defendants nos. 1 and 2 sold the whole of holding no 59 and part of holding No. 58 to the appellant. A sum of Rs. 4,000 out of the consideration money for the sale deed was left in deposit with the appellant for payment to the plaintiff Rent up to January, 1953 was paid to the plaintiff and thereafter it was stopped. Subsequently, defendant nos. 1 and 2 sold the remaining portion of hold-ins No. 58 to defend