JUDGMENT

Rampini, J. - This is an appeal against a decree of the Subordinate Judge of Hooghly, dated 25th July, 1904, passed in a mortgage suit. The facts are these: The plaintiffs allege that on the 16th May, 1900, the defendants Nos. 1 to 4 deposited with them at Calcutta the title-deeds of a certain putni taluk, which had been advertised for sale, took a loan from them of Rs. 15,000 on a promissory note and paid off the arrears of the putni rent and stopped the sale on the 17th idem. The plaintiffs accordingly prayed for a mortgage decree against the property, as well as a personal decree against the defendants, who had executed the promissory note.

2. The suit was contested by the defendant No. 7, the Receiver of the property appointed by this Court on the 2nd September 1901, and by the defendant No. 8, in whose favour the defendant No. 7 had on the 11th May 1903 executed a mortgage of the property in question as well as of other property. The Subordinate Judge gave the plaintiffs a personal decree against the defendants Nos. 1 to 5 8nd 9, but disallowed their prayer for a mortgage decree. Hence the appeal.

3. The plaintiffs contend that they are entitled to a mortgage decree. I c