Madhavan Nair, J.

1. The Plaintiff is the appellant. This appeal arises out of a suit instituted by the Plaintiff, the Maharaja of Jeypore, in the Court of the Agency Additional District Judge of Waltair for kattubadi for the years ending 30th June, 1918, 30th June, 1919 and 30th June, 1920. The suit is directed against the mokasadars of the Pachipenta Estate and the usufructuary mortgagees from the mokasadars of a portion of the suit mokasa. These usufructuary mortgagees are defendants 12 to 21. These defendants contended that as being mortgagees from the mokasadars there was no privity of contract between them and the Plaintiff and that therefore they were not liable for rent payable by the mortgagors. Plaintiff pleaded that these defendants are estopped by the decrees in O.S. No. 18 of 1913 on the file of the Special Assistant Agent, Koraput and in A.S. No. 3 of 1916 on the file of the Agent to the Governor, Vizagapatam, from questioning the Plaintiffs right to obtain kattubadi from them (Issue 5). The other contentions raised by the parties were not pressed before us. The learned Additional District Judge held that the decisions referred to did not debar the defendants f