JUDGMENT

Piggott, J. - The facts out of which this appeal arises are somewhat complicated; but the essential points for determination admit of being briefly stated. The claim of the plaintiff-respondent was one for a declaration of his proprietary rights in respect of certain property. His title was based upon a pre-emption decree obtained by one Krishna on the 2nd of November 1887, under which he obtained possession on the 2nd of April 1888. He then executed a formal mortgage with possession in favour of certain persons who were tenants of the land in question. Neither he nor his mortgagees made any attempt to have their rights, other than the tenant's rights of the mortgagees, recorded in the village papers. The name of Ganga Ram, the original proprietor whose sale of the property bad furnished a cause of action for the pre-emption suit, continued to remain recorded in the village papers. When Ganga Ham died, his widow applied for mutation of names in her favour, and this was allowed. Thereupon the mortgagees brought a suit impleading the same widow and their own mortgagor and claiming a declaration of their title as mortgagees, or in the alternative a decree for possession. They