( 1 ) THIS second appeal by the defendants arises from a suit by respondent 1 Hajia Khatun Bibi for a declaration of her title to the land in suit to the extent of 8 annas share and for joint possession thereof along with defendants 1, 2 and 3.

( 2 ) THE facts as far as they are admitted or beyond dispute are briefly that the disputed land belonged originally to Abdur Rahaman, father of the plaintiff Hajia Khatun. Abdul Kasem was a brother-in-law of Abdur Rahaman. On 13-6-1933 Abdul Kasem and Abdur Rahaman executed an Instalment mortgage bond, of which a certified copy is Ex. 2, in favour of Surendra Nath Mandal, defendant 2. Abdur Rahaman died on 19-3-1936, corresponding to the 5th Chaitra, 1342 B. S. , leav ing a widow and two minor daughters, viz. , the plaintiff and pro forma defendant 3 Rajia Khatun. Abdul Kasem died in 1343 B. S. It is the plaintiff's case that after Abdul Kasem's death when defendant 2 pressed the plaintiff's mother for payment of his dues on the mortgage there was an adjustment in the presence of the villagers to the effect that defendant 2 would be placed in possession of the land mentioned in schedules Ka and Kha and he would be in possessi