1. This appeal arises from a suit for redemption of a mortgage. Item No 1 in the plaint schedule and other immoveable properties were mortgaged with possession by the plaintiffs' tarwad to Defendants 1 and 2 under Ext. B dated 16-1-1086. Defendants 3 and 4 took an assignment of the mortgage and by a deed of dissolution of partnership executed by them, the said right became vested in the 3rd defendant. Plaintiffs 1 and 2 obtained the equity of redemption under two partition deeds of 1104 and 1113. 'They sold the equity or redemption to the 3rd plaintiff and a decree was prayed for in his favour. Defendants 3 and 4 who were bound to pay the land tax on the mortgaged property are alleged to have committed default in payment of the same with the object of acquiring the equity of redemption by purchase in revenue sale. The default actually resulted in the sale of 40 cents in item No.1 in revenue auction and though the ostensible purchaser was a stranger, the purchase was alleged to have been on behalf of Defendants 3 and 4. The nominal rights of the auction purchaser were later acquired by the 3rd defendant. The plaintiffs sought for recovery of this plot treating Defendants