PATHAK, J. :- This appeal is by the Defendants.

2. The plaintiffs case in brief is that 8 Bighas of land described in the schedule to the plaint hereinafter referred to as the suit land, belonged to the Plaintiff No. 1, late Bidya Singh and late Basanta Singh, who borrowed Rs. 500/- from Late Madan Singh, predesessor-in-interest of the Defendants and executed a mortgage by conditional sale (Kotabaddha) in respect of the suit land on 21st Magh, 1331 B. S. corresponding to February 3, 1925 with the stipulation that the mortgagee would reconvey the suit land on payment of the said sum of Rs. 500/- within one year in favour of the mortgagors. Plaintiff No. 2 is the son and legal heir of Late Bidya Singh and Plaintiff No. 3 is the son and legal heir of Late Basanta Singh. Madan Singh died leaving Kameswar Singh. Defendant No. 1, widow Gidani Debi Defendant No. 2, daughter Parbati Debi Defendant No. 3 and minor son Krishna Babu Singh Defendant No. 4 and minor daughter Kutuma Debi Defendant No. 5 as his legal heirs. Defendants 6 to 12 with knowledge of the terms of the mortgage by conditional sale, have possessed some portion of the suit land by right of exchange. The Plaintiffs h