NARASIMHAM J.

( 1 ) 'touzi' No. 2717/3 of Cuttack Collectorate, bearing a 'sadarzama' of Rs. 2, 701/3/-, originally belonged to Gajarajpur Choudhuries represented by defendants 3 to 8 in this litigation. In that 'touzi' were included two villages known as Korkar and Erada bearing a 'sadarzama' of Rs. 846/ -. The said two villages had been previously mortgaged by the Choudhuries with Sri M. S. Rao, an Advocate of cuttack. On 2-3-40 the Choudhuries registred a 'kabala' (Ext. 6-a) purporting to convey their-entire interest in the said two villages in favour of the plaintiff for a consideration of Rs. 1,205/--On the same day the said vendors registered another sale deed (Ext. 6) transferring to the plaintiff for a sum of Rs. 975/- their right to recover arrear rental in the said two 'mouzas' In the second sale-deed (Ext. 6) it was stated that the vendors had transferred their proprietary interest in the two villages to the plaintiff and that they were, therefore, transferring their right to recover arrear rental from the tenants of the villages in favour of the new proprietor. On 5-3-40 the entire consideration of the second 'kabala' (Rs. 975/-) was received by defendant 3 on behalf o