JUDGMENT

1. The facts of the case out of which this appeal has arisen are clear and undenied. One Girdhari was the owner of a fixed rate tenancy consisting of four plots of land. He hypothecated those plots of land to the predecessor-in-title of the present plaintiffs, who are the respondents before us. Girdhari died leaving a widow. The zemindar obtained a decree against the widow for arrears of rent, Then the mortgagees tendered and actually deposited the decretal amount. It was not accepted and the widow was ejected from the land in execution of the decree. The mortgagees thereupon brought a suit to recover their money by enforcement of the mortgage, and the zemindar was made a party to the suit. He contested the claim but the claim was decreed and the Court directed the sale of the fixed rate tenure, when the property was put up for sale, the zemindar appeared and filed an objection, stating that the fixed rate tenure no longer existed, that there was merely a non-occupancy tenancy and the land should be sold as such. His objection was disallowed but a note of his objection was made on the sale proclamation. The fixed rate tenure was put up for sale and was purchased by the mort