JUDGMENT

1. To secure two loans, one for Rs. 1,60,000 and the other for Rs. 73,000 the respondents executed in favour of the appellants predecessors-in-interest two mortgages on 16th August 1918. Interest payable was at 8 per cent. per annum with yearly rests. On 10th March 1926 a suit was filed to enforce both the mortgages. A preliminary mortgage decree for Rs. 4,21,851-1-6 was passed in April 1929 and the final mortgage decree in September of that year. In Execution Case No. 38 of 1930 all the mortgaged properties were sold in lots. They were purchased by the decree-holders for the total sum of Rs. 2,35,200. Those sales were duly confirmed, some in 1932 and the rest in 1935 and the decree-holder purchasers took delivery of possession of the different items of property on different dates ranging from 25th June 1933 to 9th March 1936. On 13th December 1937 they obtained a decree under Order 34, Rule 6, Civil P.C., for the balance due to them, namely for Rs. 3,30,903. That decree was put into execution and some of the personal properties of the mortgagors were sold. They were also purchased by the decree-holders on 8th August 1939 for Rs. 3899. The decree-holders took delivery of po