JUDGMENT

Lodge, J. - This is an appeal against the judgment and decree of the Subordinate Judge, Nadia, in a suit on a mortgage.

2. The material facts are not in dispute. On September 18, 1916, Maharaja Kshounish Chandra Ray Bahadur and Satyendra Narayan Bagchi, executors to the estate of Saratmani Debi, deceased, executed a mortgage-deed in respect of the patni taluk, lot Plassey, in consideration of a loan of Rs. 25,000, which was to carry interest at the rate of 12 annas per cent, per month until realisation. Under this patni taluk were a number of subordinate tenures, two of which were darpatnis held by the Midnapur Zamindari Company.

3. In 1927, the executors to the estate of the late Saratmani Debi made over the estate to Deb Nandan Mukherji, who was in control of the estate until August 8, 1930, when he executed a deed of trust in favour of Srimati Maya Debi. Deb Nandan borrowed Rs. 60,000 from Surpat Singh, Mahipat Singh and Bhupat Singh on June 27, 1928 and mortgaged the same properties for the second time. Again, on October 8, 1929, Deb Nandan borrowed Rs. 30,000 from Bipinbihari Laha and executed a third mortgage in respect of the same properties. Thereafter in 1930, Deb Na