( 1 ) THIS appeal has been referred to a Full Bench by an order of two learned Judges of this Court dated 29th March 1949 in view of the importance of the question arising upon the true interpretation of Sections 4, 8 and 9, U. P. Debt Redemption Act.

( 2 ) A short pedigree which will serve to elucidate the facts is given below : bande HASAN MARRIED TO batulan _______________________________|___________ | | sarfarazan imtiazan | | ___|______________ ______________|__________ | | | | | wilayatullah Shaflullab Nauaher Ali maqsud Ali Yusuf Ali (defendant 4) (defendant 3) (deceased) (plaintiff 2) (deceased)| mahmud Ali (plaintiff 1)

( 3 ) ON 19th June 1886, Bande Hasan mortgaged with possession 30 Bighaa and 14 Biswas of qasba Muhamdi, district Kheri, to Abdul Majid, now represented by his son Abdul Saeed Khan, defendant 1 for Rs. 600 at 12 per cent. per annum. He also executed a deed of further charge for rs. 406 at the same rate of interest on 13th August 1890, and his widow Batulan executed another deed of further charge for Rs. 163/5/- on 6th May 1891. Shafiullah and Wilayatullah, who had succeeded to the half share of their mother, sold that share on 8th November 1