( 1 ) I have had the benefit of reading the exhaustive judgment of my brother Mushtaq Ahmad.

( 2 ) THE facts are fully set out in the judgment of my learned brother, and it is, therefore, not necessary for me to deal with them in detail. The plaintiffs suit was for redemption of a possessory mortgage dated 1-9-1881, executed, by Kanhai, Mahabir and Mahadeo in favour of hathi Prasad. The mortgagors are all dead and their heirs and legal representatives, Bishwanath prasad, Ajodhya Prasad and Lachmi Prasad, sold the property on 19-7-1941, to Ram Prasad and others, plaintiffs The suit was filed, by the legal representatives of the mortgagors as well as by the transferees for redemption of the mortgage. The mortgage deed provided that the amount borrowed would be paid to the mortgagee within a period of six months and, if the amount was not so paid, the mortgage deed would be deemed to be a sale deed and the mortgagee would become the owner of the property. The amount was not paid to the mortgagee and the mortgagee remained in possession but he never filed any suit for foreclosure.

( 3 ) THE mortgagee, Hathi Prasad, died, and his widow, Sm. Sumrekha, purported to transfer th