JUDGMENT

Mukerji, J. - This appeal arises out of a suit which was instituted by the plaintiff for recovery of possession after declaration of title to the lands of Schedule 2 of the plaint. These lands form a part of plot 1, Schedule 1, of the plaint. One Balaram Aeharjya, the predecessors of defendants 5 to 8 executed, a simple mortgage of the lands of Schedule 1 in favour of one Krishna Mangal Sen, the predecessors of defendants 11 to 13, on 10th November 1893. In December 1893 the said Balaram Aeharjya executed a usufractuary mortgage of the lands in suit in favour of the predecessors of defendants 1 to 4 and thereafter in June 1894 sold the said lands to them. In 1900 Krishna. Mangal Sen sued on his mortgage. In that suit defendants 1 to 4 or their predecessor were not parties. Krishna Mangal obtained a decree on 19th January 1901, which was made absolute on 31st November 1903. At the execution sale that followed the father of defendants 9 and 10 purchased the lands of Schedule 1 on 8th June 1904 and they obtained delivery of possession through Court on 13th October 1904. On 25th June 1908 defendants 9 and 10 sold plot 1, Schedule 1, to the plaintiff and put him in possession th