JUDGMENT

Chakravartti, J. - This appeal arises out of a suit under Order 21, Rule 103, Civil P.C., brought by the decree-holders auction purchasers. The plaintiffs purchased the properties in suit in execution of a mortgage decree, but were resisted by the defendants in their attempt to obtain possession. A proceeding under Order 21, Rule 97 of the Code resulted in favour of the defendants. Thereupon, the plaintiffs brought the present suit which has been decreed by both the Courts below. The defendants have appealed.

2. The facts are no longer in dispute and may be stated as the common case of the parties in the present appeal. On 4-2-1932, one Phanibhusan Banerjee, to whom the properties originally belonged mortgaged them to the father of the plaintiffs for a sum of Rs. 1499. This Phani was an officer of defendants 2 to 6 and shortly before the mortgage, had made a written acknowledgment to his masters of a liability for Rs. 8400. Defendants 2 to 6 sued Phani for this amount and, on some date in 1933, obtained a decree for Rs. 1599. When the decree was put into execution, Phani applied successfully for adjudication as an insolvent and a Receiver was in due course appointed for his