JUDGMENT :- This is an appeal against the judgement and decree passed by the Civil Judge, Ballia, against the judgement and decree passed by the Munsif, Ballia. The Munsif had decreed the suit for redemption of the mortgage on payment of Rs. 2,000. The lower appellate court came to the conclusion that plaintiffs were entitled to certain amount by way of damages and, therefore, they were entitled to redeem the mortgage on payment of Rs. 377 only. It is against this judgement and decree that the defendant has filed this appeal.

2. The facts giving rise to this appeal are as follows :

On 30-1-1923 a mortgage was executed by Prahlad Hajjam in favour of Baldeo Singh and Ram Govind. On 8-6-1954 the mortgagors sold the property to the plaintiffs. On 4-10-1962 the vendees brought a suit that the mortgagees had dug pits in the disputed land making the land unfit for agriculture and, therefore, they were liable to pay Rs. 1,500 as damages. They also alleged that they had paid Rs. 80 as rent and Rs. 43 was claimed as interest. Thus the plaintiffs claimed that they were entitled to Rs. 1,623 out of the mortgaged money and the mortgage be redeemed on payment of the balance.

3. The suit wa