JUDGMENT

1. This is an appeal by the plaintiff which arises out of a suit by the plaintiff for recovery of possession of certain lands. His case shortly stated may be summed up in this way. In 1308 B.S. Defendants Nos. 4 to 8 gave the land in dispute with other lands in usufructuary mortgage to the plaintiff for 15 years, which was to remain in force till the end of 1322 B.S. In the year 1317 B.S. those defendants gave a second mortgage of those lands to Defendant No. 3 who was their landlord. The mortgagors after the execution of the usufructury mortgage in favour of the plaintiff remained in possession of the property as lessees under the plaintiff. The mortgagors defaulted in payment of the rent due to the plaintiff who obtained some rent decrees as against them. In the year 1321 B.S. the plaintiff purchased 4f bighas out of the mortgaged lands in satisfaction of his rent decrees and for some outstanding rent due to him for the previous period. In 1326 B.S. Defendant No. 3 brought a suit on his mortgage, but in that suit he did not implead the plaintiff as party defendant. Defendant No. 3 obtained a mortgage decree and purchased the entire 9 bighas of land himself in execution of