HARI LAL AGRAWAL, J.

1. This second appeal is by the defendant No. 1 (defendant first party). The plaintiffs-respondents first party instituted a suit for redemption of a mortgage bond dated the 6th May, 1927, executed by four persons, namely, Lakshmi Narain Sukul, Brijnandan Sukul, Pradip Sukul and Chaturbhuj Sukul who were admittedly members of the same family in favour of defendants second party. The plaintiffs are the purchasers of the property under the mortgage from the widow of Brijnandan Sukul under a registered sale deed 3-4-1961 (Ext. 8) for Rs. 1300/-, measuring 3.35 acres, situate in village Musakchak, in the district of Sitamarhi.

2. The plaintiffs case in this regard is that by a private family arrangement between the members of the family of the mortgagors, the land in question was allotted to the share of Brijnandan Sukul who accordingly got himself recorded in Register D and after his death, his widow Ramjoti Kuer inherited his estate. Ramjoti Kuer was also mutated in place of her husband in Register D. She executed the sale deed in favour of the defendant first party on 3-4-1961, as stated earlier, leaving the mortgage debt in deposit for payment to the mo