JUDGMENT

Francis W. Maclean, E.C.I.E., C.J. - These are appeals from the decision of the Subordinate Judge of Murshidabad. The plaintiffs' claim, put shortly, is one to realize an equitable sub-mortgage, which they allege was created in their favour on the 3rd June 1893 (the terms of the agreement appearing in a letter of the 19th June 1893) by one Dhanpat Singh for a sum of Rs. 70,000, of which apparently a considerable amount has been paid off, as the present claim is for a sum of Rs. 27,000 only.

2. The facts of the case, which are substantilly are these: the first four defendants, or at any rate their predecessors in title, the original mortgagors, whom I will call the Roys some time before June 1893, mortgaged for a large amount by three mortgages, property of considerable value in favour of Dhanpat Singh.

3. On the 3rd June 1893, Dhanpat Singh deposited those mortgages by way, as is, alleged by the plaintiffs, of equitable sub-mortgage to secure the sum I have mentioned, and on the 19th June 1893, wrote the letter 1 have referred to

4. That letter is as follows: .

              Babu Bhupendra Nath Bose,                          Attorney-at-Law.Dear Sir,

In reference to the claim of