JUDGMENT

1. This is an appeal by the plaintiff from a decree dismissing his suit. The suit was described in the plaint as a suit for recovery of money, Rs. 15,000 odd, with declaration of a charge in respect of it on a certain trust estate. There were also other reliefs claimed in the plaint which will be presently stated.

2. The plaintiffs' case shortly put was as follows: One Nawab Nazir Sidee Nazir Ali Khan by a will dated 25th February 1873 created a trust of his estate, and appointed one Mir Mohamed Kazim Jawahiri as trustee thereof. After the death of Mir Mohamed Kazim Jawahiri, other persons came in succession as trustees, till at last defendants 3 and 4 became such trustees. One of the properties of the trust was lot No. 79, appertaining to Sunderbans, bearing tauzi No. 143 of the 24-Pargannas Collectorate, which goes by the name of Abad Uchildaha. On 9th April 1923, defendants 1 and 5, as such trustees and for legal necessity of the trust estate, borrowed from the plaintiffs Rs. 5,000 at an interest of 15 per cent per annum, on a handnote and by deposit of title-deeds of the said lot No. 79 and they also assigned to the plaintiff the sum of Rs. 6,575-5.6 being the rent for t