JUDGMENT

1. The plaintiff brought this suit to enforce a simple mortgage of 15th March 1898, by the sale of certain villages. The mortgage was for Rs. 13,200 bearing interest at 1 per cent, per month for a period of three years, and eight villages were hypothecated. The mortgage was contracted to pay off earlier mortgages. On the 1st of November 1898, the mortgagor executed a second mortgage of the same villages to Babu Inder Sen Singh who is now represented by Mt. Anpurna Kunwar.

2. On 4th May 1900, the mortgagor executed a usufructuary mortgage in favour of the plaintiffs for payment of the sum of Rs. 17,712 due on the mortgage of 15th March 1898, and other items, amounting in all to Rs. 22,500 giving possession of the two villages of Rajdharpur and Konda. Under this mortgage the mortgagee was entitled to sue for the amount due to him on dispossession, and he would in that case be entitled to recover also from the property hypothecated under the bond of 15th March 1898. It is this condition with which we are mainly concerned in this appeal, as the plaintiffs admit that their right to sue arose when they were dispossessed of the village of Konda on the 24th of February 1911. Meantim