JUDGMENT

1. The plaintiff, respondent, is the auction-purchaser of the ten biswas zamindari share of Zalim Singh, the subject of dispute. He avers that the share was mortgaged on the 17th June 1859 to the defendants for Rs. 2,200, and for a term of five years, and that on the 21st May 1861, Zalim Singh executed a deed of sale of the property in favour of the mortgagees, giving them credit for Rs. 2,200, the mortgage-money, Rs. 250 in cash, and retaining Rs. 5,800 to be paid on account of debts to the plaintiff: Lalta Prasad and others sons of Zalim Singh, sued to set aside the sale and succeeded in Saining a final decree in their favour from the Sudder Dewany Adawlat, North-Western Provinces, on the 22nd August 1864: the defendants, however, continued in possession of the share as mortgagees: there was a stipulation in the mortgage-deed that Zalim Singh was to receive Rs. 75 yearly as "malikana" or proprietary allowance: this sum the mortgagees deducted yearly from he principal sum advanced on the mortgage, leaving now a balance of Rs. 925 due to the mortgagees:the plaintiff claims to redeem the share of Zalim Singh on payment; of Rs. 925, or such sum as the Court shall declare to b