( 1 ) THIS appeal is filed by the original defendants Nos. 2 and 3 as the lower appellate Court had confirmed the trial Courts decree decreeing the plaintiffs suit for recovery of possession of the suit lands from the defendants except for a slight variation as regards the quantum of mesne profits. The original defendant No. 1 has been joined as a respondent and he having died during the pendency of the suit his heirs have been brought on record and finally joined as respondents along with the plaintiff

( 2 ) THE short facts which have given rise to this appeal are as follows:-THE parties in this case are Molesalam Muslim Garasia of Gujarat. One Rupsing had executed a mortgage with possession for a consideration of Rs. 955. 00in favour of one Kalubava the father of defendants 1 2 and 3 on 16th July 1928 as per Ex. 46. On the death of Kalubava the heirs of defendants 1 2 and 3 became the owners of the said mortgagee rights. Rupsing died on 16th December 1931. Thereafter Rupsings widow Manba executed a mortgage with possession in favour of defendant No. 1 Kanaksing in respect of the suit lands along with certain other properties as per Ex. 45 on 14-4-1943. The considera