1. THIS appeal is at the instance of the defendants and it arises out of a suit the enforcement of a mortgage and recovery of a sum of Rs. 1,93,465-4-3.

2. THE case of the plaintiff was that the defendant no. 1 Usha Rice Mill company Ltd., which carried on a rice milling business had an account with the Comilla Banking Corporation Ltd. By a registered Mourashi Mokurari patta dated July 15, 1935, the land comprised in the factory of the defendant no. 1 was acquired by Sm. Usha rani Ghosh, wife of the defendant no. 2 Charu Kumar Ghosh. Certain structures were raised on the said land. On April 1, 1945, the said Usha rani Ghosh entered into an agreement for sale with the defendant no. 1 in respect of the said land with all structures, plants, tools, machineries etc. She received the entire consideration money and made over possession of the disputed property to the defendant company, but no sale deed was executed by her. In December 1945, the said comilla Banking Corporation Ltd. allowed the defendant no. 1 cash credit overdraft facilities up to a limit of Rs. 2,00,000/- at an interest of 4 1/2% per annum with monthly rents, and as security for the said overdraft the defendant