JUDGMENT

Mukerji, J. - This case has been referred to a Bench of three Judges for the decision of points of law which will be presently stated. It will be necessary to state briefly the facts of the case in order to see how the law applies and what rule of law will be applicable.

2. The facts that have been found by the lower appellate Court and which, therefore, have been accepted for purposes of the determination of the points of law, are these: There was an usufructuary mortgage of a certain house property made in the year 1873. It was made for the sum of Rs. 1,000. In course of time the property came to be owned by one Damodar who, therefore, represented the original mortgagor. In course of time the mortgagee's interest came to be owned by the defendant, Ragha Mal. Ragha Mal was defendant 1 in the suit. He has since died and is represented on the record by his successors in-title. Damodar executed on 28th February 1901, a deed of sale in favour of Ragha Mal in respect of the mortgaged property for a sum of Rs. 90. The sale-deed was never registered. The mortgagees and, after them, their successors-in-interest, continued to be in possession of the mortgaged property and are still