Judgement

Narasimham, J. :- This is judgment debtors appeal from a final decree dated 21-10-1944 passed by the Subordinate Judge of Cuttack in a mortgage suit. In order to appreciate the points involved in this appeal it is necessary to describe briefly the previous history of this protracted litigation.

2. Patia estate known as Killa Patia is an impartible estate in Cuttack district whose proprietor was one Raja Raghunath Deb in 1913. On 26-2-1913 he executed a simple mortgage for Rs. 1,07,000 mortgaging the entire estate in favour of one Bhaban Sahu, the predecessor-in-interest of the respondent-decree-holders. Again on 13-8-1913 he executed a second mortgage in favour of the same Bhaban Sahu for Rs. 6,000 in respect of the same property. Raja Raghunath Deb died subsequently and was succeeded by one Maian Mohan Deb who assumed the title of Raja Madhusudan Deb. Some time in 1917 the title of Madan Mohan Dab to Killa Patia was challenged by Achhutananda Deb in O. S. No. 762 of 1917 in the Court of the Subordinate Judge of Cuttack. Achhutananda lost the suit in the lower Court and filed an appeal (F. a. No. 1 of 1920) in the High Court. During the pendency of the appeal, Madan Mohan D