JUDGMENT

Mukerji and Bennet, JJ. - This is a first appeal by the Defendants against a decree for possession and mesne profits awarded by the Court of first instance. The facts in this case are as follows: Niadar Mal had a simple money decree against one Nand Kishore in suit No. 219 of 1923, and on the 29th November, 1923, he attached the property of his judgment-debtor. On the 21st May, 1924, he brought to auction-sale certain zamindari property in Mohiuddinpur Baklana and this was bought by the present Defendants in this case Janki Prassrd Bed Ram and Nathan Lal. On the 17th August, 1924, formal possession was given to these Defendants. Meanwhile other proceedings had been going on in regard to this property. There was a simple mortgage dated 28th September, 1920, by Nand Kishore in favour of Abdul Majid and Abdul Wahid for Rs. 20,000, and in this mortgage the zamindari property in Mohiuddinpur Baklana had been mortgaged along with certain other zamindari property in Bagrasi and six shops in Bagrasi. On the 19th May, 1924, Abdul Majid alone brought a suit, No. 114 of 1924, on this mortgage making his brother a pro forma Defendant as he was absent. On the 26th August, 1924, a prelim