JUDGMENT

1. The facts of the case out of which this appeal arises are as follows: The defendants-appellants were owners of certain lands which they cultivated as their sir. On the 15th of July 1905, they executed a document in favour of the plaintiff-respondent to the following effect they set forth that they had taken a loan of Rs. 599 from the plaintiff and had placed him in actual physical possession of their sir lands so that he might cultivate the lands himself or through sub-tenants in order that the plaintiff might recover from the income of the land the interest on his money. They made a stipulation as to the payment of revenue due on the lands with which we are not concerned. They further contracted that they should redeem the mortgage only by paying the principal in the pumamashi of Jeth of any year. They further stipulated that if they or any of their heirs in future should dispossess the plaintiff then the latter should be able to recover from then the amount lent with interest as damages at the rate of 24 per cent, per annum from their person and property. The document nowhere contains a hypothecation of the property in question. It has been found as a matter of fact by