Judgement

JAGANNADHADAS, J. :- Plaintiffs are the appellants in this second appeal. It arises out of a suit for recovery of possession of certain lands which has been dismissed by both the Courts below.

2. The suit lands admittedly belonged to the plaintiffs family. The case of the plaintiffs as set out in the plaint is that the father of plaintiffs 2, 3 and 4 allowed defendant 2, some years ago to occupy the suit-lands by some arrangement with her and that defendant 2 has allowed her son, defendant 1, to cultivate the lands since she is unable to take care of herself; that they are not aware of the arrangement under which the defendants were let into possession, but that if it is found that the lands are charged with any sum, they are willing to pay up the same. The case of the defendants is that between the years 1927 and 1930, the father of plaintiffs 2 to 4 borrowed from time to time various sums of money aggregating to Rupees 1061-12-0 from defendant 2 on the security of the suit-lands; that the plaintiffs are fully aware of the said mortgages and of the possession of the defendants for over 12 years. They further allege that all the mortgages were invalid and inoperative in law