JUDGMENT

1. This appeal arises out of a suit for the redemption of a usufructuary mortgage made on the 12th of November 1880, by three persons, namely, Mulch Ram Singh, Kanbai Singh and Durjan Singh, in favour of Ram Dayal, Behari Lal and Kishori Lal, the predecessor-in-title of the defendants-appellants. The property comprised in the mortgage was a 10-bisw-is, 13 1/4--biswansis, share in the village of Mukimpur. In this property the share of Mukh Ram was 8 biswas and the remainder belonged to the other two mortgagors. The amount secured by the mortgage was Rs. 8,500 and the term of the mortgage was ten years. The plaintiffs are the assignees of the interests of same of the mortgagors. It is common ground that in execution of a decree obtained upon a prior mortgage of 1874 the shares of Kanhai Singh and Durjan Singh, namely, 2 biswas 13 1/4 biswansis was sold by auction and passed out of the possession of the mortgagees in 1686. The mortgage-deed in suit provides that the rate of interest was 12 annas per cent, per mensem, i.e., Rs. 9 per cent, per annum, that the usufruct was to be taken in lieu of interest, and that the mortgagees were not to claim interest on the mortgage-money,