K. L. BAPNA, J.

( 1 ) THIS case has been referred to a Division Bench by a learned Judge sitting in single Bench, before whom the case first came for hearing,

( 2 ) THE respondents Dhulilal and Chandralal instituted a suit in the court of the munsif, Mainwa, on the allegations that the first defendant Sukh-deva had mortgaged a mango tree in village Jaja-war, situated in the land of Dewlawala well, and later on by document of Kartik Sudi 12, Smt. Year 1998 (November, 1941), the said mortgagor transferred his ownership of the mango tree to the plaintiffs for a consideration of Rs. 72/-, the stipulation being that the plaintiffs will continue to enjoy the fruits of the tree so long as it will exist. It was alleged that the said defendant Sukh-deva wrongfully purported to sell the same tree by registered document of 7-11-1950 to defendants Nos. 2 to 5, bhanwarlal, Birdhilal, Mohanlal and Sualal. The plaintiffs instituted the suit for decla-ration that the said document was null and void, as the vendor had no interest left in the tree which could be transferred to defendants Nos. 2 to 5. The findings of the trial court were that the tree had been mortgaged with the plaintiffs a