1. In this appeal by the third defendant arising out of the decree of the court below which directed the defendants to deliver possession of the plaint properties with arrears of rent and future profits the only points raised are whether the plaintiff is entitled to the charge given on the immovable properties in respect of the arrears claimed and if not whether rent for more than three years preceding the date of suit should have been decreed.

2. On 17.3.1100 the tarwad of defendants 1 to 19 executed a possessory mortgage to Krishna Kammath, now dead, the father of the plaintiff. On the same day the tarwad took the properties back on lease from the mortgagee and executed a document to him embodying the terms of the lease. The lease was for an year certain on a rent of Rs. 118/-. Out of this sum Rs. 10/- was agreed to be utilised for payment of land revenue and jenmi's dues and Rs. 108 was agreed to be paid in two equal bi-annual instalments. On default of such payment interest on the overdue amount at the rate of 12 per cent was agreed to be paid. A charge on the equity of redemption was created for the outstanding rent and interest. It was stipulated that the propertie