Madhavan Nair, J.

1. The plaintiff is the appellant. The appeal arises out of a suit instituted by the plaintiff for Rs. 21,000 due on a registered mortgage bond, dated 1st August, 1913. The sum secured by the mortgage was Rs. 5,000 and the debt was repayable in 7 years. The mortgagors are defendants 1 to 4.

2. The circumstances relating to the suit are these. In O.S. No. 59 of 1919 on the file of the Court of the Subordinate Judge of Berhampore one Bennu Nahko, the late father of defendants 5 and 6 and the grandfather of defendants 7 and 8, obtained a money decree against the plaintiffs mortgagors, defendants 1 to 4, on 18th October, 1919. In E.P. No. 150 of 1919 the decree-holder asked for attachment and sale of the suit property. In Ex. A, the schedule attached to this Execution Petition, the decree-holder gave a list of five encumbrances said to be existing on the property. There is a note at the end of Ex. A which runs as follows:

These properties ought to be sold after issue of sale proclamation subject to the mortgage deed, dated 1st August, 1913 and executed in favour of Daso Pollayi (the present plaintiff) for Rs. 3,000 - this is admittedly a mistake for Rs. 5,000. Ex