( 1 ) THIS is an appeal by the plaintiffs under Clause 15 of the Letters Patent against the judgment of Mookerjee J. dated 6-9-1950.

( 2 ) THE disputed property and certain other property belonged to one Mohan Chand Choudhury. On his death the property devolved on his sons Doman, Satish and Ananta. Doman's widow is Damayanti, defendant 4. Satish and Ananta are defendants 2 and 3. In 1929 Doman as Katra of the joint family of the Choudhurys mortgaged the disputed property and certain other lands comprising about 12 bighas in favour of the plaintiffs. As the rent of the mortgaged property was unpaid the landlords instituted a suit for recovery of rent and obtained a decree and in execution thereof auction-purchased the said property on 8-6-1935. Thereafter the landlord auction-purchaser let out the disputed property about 6 bighas to defendant 1, Rupeswari, who is the mother of Satish and Ananta, defendants 2 and 3. The remaining lands viz. 6 bighas were let out to Damayanti, defendant 4. On 15-4-1940 the plaintiffs instituted a suit to enforce their mortgage of the year 1929. In that suit Damayanti, Satish and Ananta were made parties. Rupeswari, defendant 1 was, however,