JUDGMENT

Lindsay, J. - One Bijai Indar Singh was the owner of a share in mauza Kheria Gurdeo and a share in mauza Mirpur in the Aligrah District. On the 8th of November, 1906 he mortgaged these shares to one Menagal San as security for the sum of Rs. 8,000. From 1906 onwards he appears to have been in difficulties, and on the 19th of March 1912 one Kishen Singh had obtained a decree against him on a mortgage which decree was under execution in 1914. On the 19th of May 1914 Bijai Indar Singh sold the property Kheria Gurdeo to Shar Singh, the father of the plaintiffs, for the sum of rupees 33,000. In the conveyance from Bijai Indar Singh to Sher Singh occurs the following passage:

The property sold is declared to be free from all kinds of claims, hypothecation liens and encumbrances, in that the entire amount due to Lala Mangal Sen and that due to Shrimati Ram Dei, wife of B. Sheo Prasad, vakil and Shrimati Ram Dei, wife of Bhola Nath, i.e., entire amount due under both the documents have bean left in deposit with the vendee for payment.

2. A sum of Rs. 17,300 was left with the vendee for payment of the mortgage of Mangal Sen of the 8th November 1906. Rs. 6,500 were left to satisfy the