Mungeshwar Sahoo, J. – The defendants have filed both these First Appeals against the Judgment and preliminary Decree dated 18.09.1975 passed by the learned Addl. Subordinate Judge, Barh in Title Suit No.46 of 1969/ 9 of 1975 and against final decree dated 23.08.1976 whereby the Court below decreed the plaintiff respondent’s suit.

2. The plaintiff respondents filed the aforesaid suit that is Title Suit No.46 of 1969 for a mortgage decree of Rs.93,016/- with respect to 5 mortgage bonds executed by the defendants in favour of the plaintiffs and for interest and prayed that a decree may also be passed directing the defendant to pay the amount within three months and if it is not paid, final mortgage decree be passed and the amount may be realized by sell of the mortgaged lands.

3. The plaintiffs-respondents claimed the aforesaid relief alleging that the defendant No.1 is the karta of the defendant’s family. The defendants were in need of money for marriage and for repayment of previous debts and other necessity and approached the plaintiff No.1 for advancement of loan on usufructuary mortgage and demanded Rs.1,43,998/-. Since the plaintiff No.1 was in good term with defendant No.1, loan was advanced and five mortgage bonds were executed from 25.09.1963 in favour of each of the plaintiff No.1 to 5 and the sixth mortgage bond was executed in the name of Ram Lakhan Prasad Singh, son of plaintiff No.1. The mortgage deeds were registered on 26.09.1963 and 30.09.1963. It is further pleaded that the mortgage deed in favour of plaintiff No.12 was for Rs.24,998/- out of which Rs.6000/- was paid to Kulo Singh who was previous mortgagee of defendant No.1. That mortgage deed was executed on 19.09.1958. Rs.6000/- was paid before the execution of the mortgage bond. Accordingly, total Rs.12,000/- was paid.

4. The second mortgage was in favour of plaintiff No.2 for Rs.22,998/- and out of which Rs.400/- was repaid regarding the mortgage bond dated 01.11.1955 which was in favour of Jago Singh and before the execution of mortgage deed, Rs.5,000/- was paid. Thus, total amount of Rs.5400/- was paid.

5. The third mortgage bond was in favour of plaintiff No.3 for Rs.24,998/-. Out of the same, Rs.2000/- was paid to the earlier mortgagee, Hari Singh regarding mortgage bond dated 01.11.1955. Before the execution of the mortgage deed, Rs.6000/- was paid. Thus, total amount paid was Rs.8000/-.

6. The fourth mortgage bond was for Rs.22,998/- in favour of plaintiff No.4. Out of the same Rs.2000/- was paid to earlier mortgagee, Hari Singh, under mortgage bond dated 01.11.1955 and before execution of the bond, Rs.6000/- was paid and thus total amount paid is Rs.8000/-.

7. The fifth mortgage was for Rs.22,998/- in favour of plaintiff No.5. Rs.2,000/- was paid to the earlier mortgagee, Jago Singh and Rs.6,000/- was paid before the execution of the present mortgage deed. Thus total amount paid is Rs.8,000/-. So far sixth mortgage deed executed in favour of Ram Lakhan Pd. Singh is concerned, no amount was paid. After registration of the mortgage bonds, Rs.19,000/- was paid as part consideration. Thereafter, the plaintiff No.1 requested defendant No.1 to receive the balance of the mortgage money and to make exchange of equivalents but the defendants refused. Then the defendants cancelled the above usufructuary mortgage bond by registered cancellation deed dated 05.10.1964 making false recital therein. Thereafter, the plaintiff contacted defendant No.1 and requested to refund the amount paid to him but in vain. In spite of repeated request, the possession of the mortgage property was also not given to the plaintiff. Therefore, the plaintiffs are entitled to realize Rs.64,000/- with interest at the rate of 9% per annum from the date of mortgage bond till realization. The plaintiffs are not professional money lenders. The aforesaid loan was advanced because of good relationship between the parties and the defendant No.1 was in urgent necessity.

8. The defendant filed contesti