( 1 ) THIS is an appeal by defendants 1, 2 and 3 in a suit for recovery of possession on declaration that the said defendants are mere trespassers. The disputed lands amounting: to 3. 33 acres of arable lands described in Schedule of the plaint belonged originally to one Bala Bagatia whose widow is defendant 4. Be died, sometime in 1931 leaving behind his widow (defendant 4), his three daughters (plaintiffs 1, 2. and 3) and his predeceased daughter's sons (defendants 1, 2 and 3 ). The disputed lands had been mortgaged with possession on 26th February 1924 by way of security for a loan of Rs. 190 to one Akula Sahu. In pursuance of the condition of mortgage, Akula was to enjoy the usufruct in lieu of the interest as they accrued. Akul con. tinued to remain in possession as mortgagee till 9nd January 1943 when it wag redeemed. Akul returned the mortgage bond with an endorsement of satisfaction of that debt. It has been the plaintiffs' case, which has been found to be true by the learned court of Appeal below, that the loan was paid off by plaintiff 1 (Gurubari) at the request of defendant 4 (Tara Bagatiani) and possession was delivered to her. That she has been unlawfully dispossessed