Gurnam Singh, J.

1. This regular second appeal arises out of a suit for recovery of Rs. 975 plus interest. The suit was decreed by the trial Court. In appeal the decree was reversed and the suit was dismissed. The facts which gave rise to this litigation were as follows:-

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Jumma and others mortgaged (simple mortgage) 76 bighas of agricultural land for Rs. 3,500 with the plaintiffs. Some time later partition of the land took place. Out of the land falling to his share Jumma mortgaged with possession 25 bighas of land with defendants Kaka Singh and Dhanna Singh. Out of the mortgage money Rs. 875 were left with the defendants second mortgagees for payment to the plaintiffs. Defendants did not pay the money to the plaintiffs. The latter, therefore, instituted the present suit for the recovery of the money left by the mortgagor with the second mortgagees.

The suit was resisted by the defendants on the ground that there was no privity of contract between them and the plaintiffs arid the latter therefore were not competent to sue. The finding of the trial Court was in favour of the plaintiffs. It was reversed by the lower appellate Court and the suit was dismissed on the ground t