Odgers, J.

1. This is an appeal against the final decree of the Subordinate Judge of Salem in a mortgage suit. By Ex. A, dated 24th August 1886, one Jules Sice, who was a coffee planter in the Shevaroy Hills mortgaged certain property, namely, 1/2 of the Tanny Pandal Estate and the whole of the St. Josephs Estate, to one Lob Levyt. In 1892 Jules Sice, the mortgagor, died. His widow, sons and daughters are the defendants in this case. On the 31st July 1908, Madame Sice, the widow of Jules Sice entered into a contract, Ex. B, with one Mr. Fritz Gaebele, by which the latter undertook to work the coffee estate and to furnish the necessary money for it, which latter should bear interest at 8 per cent. Mr. Fritz Gaebele was to be treated as the first mortgagee of the estate for Rs. 24,000 and was to work the plantation without any interference from the defendants. The agreement provided that an account and inventory should be taken on the 1st March every year and that after providing for certain charges the profits should be divided by allotting 60 per cent. to the hypothecation debt 25 per cent. to Madame Sice, and her heirs and 15 per cent. for management. The contract was to la