JUDGMENT

Mallik, J. - This appeal arises out of a suit for declaration of title to some lands and for recovery of possession of the same The property originally belonged to one Kamaladdi Mandal and his brothers. About 1888 one of the brothers and the heirs of the other brothers mortgaged the property to one Surjyakanta Bhattacharjya, the maternal grandfather of the plaintiffs. Surjyakanta, in October 1888, executed a will, by which he devised his properties to his daughter Gopendrabala Debee and died. Gopendrabala, in 1889, took probate of the will. In June 1891 the mortgagors executed an instalment mortgage bond in favour of Gopendrabala. In the year 1895 a rent suit was brought against the mortgagors for the rent of the lands, a decree was obtained and, when the property was put up to sale in execution of the decree, one Ahmaddi purchased one-half share of the holding, thereby acquiring the right, title, and interest of the mortgagors of the property and becoming the holder of the equity of redemption in respect of one-half share of the property. In the year 1901 the plaintiffs who, as I have said before, are the sons of Gopendrabala, the daughter of Surjyakanta, instituted a suit