Tyabji, J.

1. On the 8th April 1896, under Exhibit A, the defendants mortgaged with possession nine items of property estimated to yield 1,000 paras of paddy which, after meeting the assessment and interest, left 126 paras to go in reduction of the principal. On the same day, by Exhibit B, the mortgagors leased back from the mortgagees the nine items on the terms that they were only to pay the mortgagees the 650 paras due for interest on the mortgage and retain 350 paras out of which they were to pay the assessment.

2. On the 1st September 1903 the mortgagors executed another mortgage in favour of the mortgagees, Exhibit C, for Rs. 3.300, of 19 items of property, of which items 1 to 9 were the subject of the mortgage with possession (Exhibit A).

3. The mortgage was expressly recited to be given as security for the principal sum of Rs. 3,300 and the interest thereon, and as to items 1 to 9 was with possession and as to the other items without possession. On the same day the mortgagors again took a lease of the nine items which wore included in both mortgages at a rental of 1,000 paras of paddy. On these facts the Subordinate Judge has held that the plaintiff is not entitled to