This appeal arises from the judgment and decree passed by the Assis­tant District Judge (2) Gauhati in T.A. No.11 of 1975 from the judgment and decree passed by the Munsiff (II) Gauhati in T. S. No. 2 of 1972.

2. Facts giving rise to this appeal, in, brief are as follows. The plaintiffs instituted the suit in the Court of the Munsiff for fore­closure of mortgaged property (suit land) having an area of 12 Bighas. The case of the plaintiffs is thus. Three sister, namely Sabitri Bala, Basanti Bala and Binapani (since deceased) mortgaged the suit land to the plaintiff-1 and the plaintiff-2's father by executing a registered mortgage deed dated 18. 6. 51 for a loan of Rs. 1350/-advanced to them with interest @ 12%. The mortgagors delivered possession of the mortgaged property on 18. 6. 51 to the mortgagees and authorised them to receive profits from the suit land and appropriate the same towards interest. It was also stipulated in the mortgage that the sum of Rs. 1350/- would be paid by the mortgagors within three (3) years, and that if the mortgagors failed to pay the mortgaged-money, or mortgagors failed to redeem the property within the stipulated period of three (3) years, the mortga

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