JUDGMENT

Sulaiman, J. - This is a defendants' appeal arising out of a suit for redemption.

2. It appears that Sribhukhan and Mt. Bahorna, the widow of his uncle Tanku made a mortgage of certain ex-proprietary tenancies in favour of the defendants. Raghubir, the brother of Tanku, was no party to that mortgage. The defendants-obtained possession of the entire tenancies from their mortgagors Sribhukhan and Mt. Bahorna. The plaintiffs are the sons of Sribhukhan. The defence raised by the mortgagees was that Eaghubir, the brother of Tanku, also had an interest. which he subsequently relinquished in favour of the zamindar, whose interest, has devolved on the mortgagees; and they further urged that Mt. Bahorna died, childless, and her interest in the holdings also lapsed to the zamindar. The lower Appellate Court has not allowed them to raise any such pleas. I am of opinion that the lower Appellate Court was right. It is not open to the mortgagees to say that at the time when the mortgage was made anyone other than Sribhukhan and Mt. Bahorna had also an interest in the mortgaged property. They are estopped from setting up the interest of a third party. They cannot do so so long as they, hav