( 1 ) ON May 29, 1935, the defendant-respondent Sushil Chandra Moulik and his brother Suresh Chandra Moulik, since deceased, borrowed a sum of Rs. 7,000/- from the plaintiff appellants' father late Krishnadas Banerjee on a first mortgage of their premises No. 32, Mahesh Barik Lane, Baliaghata, 24-Parganas. The mortgage deed (Ex. 1 (a)) provided, inter alia, for payment of interest at the rate of 7 1/2 per cent, per annum compound with half-yearly rests and the stipulated date of re-payment was May 29, 1936.

( 2 ) ON the back of the mortgage bond (Ex. 1 (a)) there were several endorsements of payment of interest totalling Rs. 2,229-8-0 and these were duly given credit in the plaint which laid the claim at Rs. 11,508/- on account of the outstanding principal and interest. The plaintiffs prayed for the usual mortgage decrees, preliminary, final and personal, and for costs.

( 3 ) THE suit was contested by the defendant Sushil Chandra Moulik who claimed to be the 16 annas owner of the mortgaged property by virtue of a kobala or deed of sale, dated April 20, 1937, from his brother Suresh Chandra Moulik and his defence, inter alia, was (i) that the suit was barred b