JUDGMENT

1. This appeal is on behalf of the plaintiffs in a suit to enforce an equitable mortgage, said to have been made by defendants 1 to 3, herein called the Mukherjis, on 19th October 1928. Defendant 4, Sew Kumari Bibi has been impleaded on the ground that as she had taken a permanent lease from the Mukherjis after the mortgage, she was entitled to redeem but that her lease was not binding on the plaintiffs mortgagees. The case of the plaintiffs is as follows : Defendants 1, 2 and 3 were partners of a firm which carried on business under the name and style of B. N. Mukherji & Co. and they had business dealings with the plaintiffs. They wanted a loan of Rs. 7500 but the plaintiffs were not willing to advance the money except on security. They agreed to give as security their immovable property being premises, formerly No. 98, now No. 7, Jaya Bibi Lane, in the town of Howrah. This was a few days before 19th October 1928 for, we have in evidence that the premises, No. 7 Jaya Bibi Lane, was inspected on behalf of the plaintiffs two or three days before the actual loan was made. The plaintiffs' further case is that on 19th October 1928, a sum of Rupees 7500 was advanced to the Mukhe