G. K. MISRA, C. J.

( 1 ) THE disputed property is a house with vacant site in village Bagdihi in the Dist. of Sambalpur. Deceased Punamchand, father of deft. No. 3 and deceased bhagirathi (original defendant No. 4) were owners of the disputed property. They executed a usufructuary mortgage bond (Ext. 3) on 19-7-1911 in favour of the ancestors of the plaintiffs. In 1939 deceased Kashiram Marwari trespassed upon the disputed property. The predecessors-in-interest of the plaintiffs brought Title suit No. 40 of 1940 in the court of the Munsif, Sambalpur, for declaration of their title as mortgagees and for recovery of possession from Kashiram Marwari. The suit was decreed on 29-4-1941. The trial Court decree was confirmed in S. A. No. 13 of 1942 on 18-9-46. Defendants 3 and 4 were parties to that litigation. It was held in that suit that defendants 3 and 4 were the owners of the disputed property, Kashiram was a trespasser and the predecessors-in-inte-rest of the plaintiffs were the usufructuary mortgagees and they were given delivery of possession by eviction of Kashiram. In execution of the decree, delivery of possession of the property was given on 10-3-50. Ext. 1 is the writ of de