( 1 ) THESE two appeals Nos. 4 and 5 of 1962 under Clause 10 of the Letters Patent involve the same question. They are between the same parties. Both the appeals therefore are being disposed of by this judgment which is common to both of them. Circumstances leading to these appeals are as follows: -Appellants, who are the trustees of Motidas Beragi Trust filed the present suit, which has given rise to these appeals, against the respondents who are father and sons for ejectment, arrears of rent Rs. 885/- and mesne profits Rs. 75/ -. The suit was based on a rent-note dated 24-9-1947 executed by defendants Ramjatan and his major son Ram-sajjan, the former signing the rent-note for himself and his minor son Bapulal. This rent-note was a sequel to a deed of mortgage executed by them in favour of the plaintiff. The mortgage transaction was for Rs. 11,000/. -. The deed contained a stipulation to pay interest at Annas 8 per cent per month. The mortgage was of anomalous sort and it was mentioned to be possessory mortgage with a stipulation to pay the mortgage amount in two instalments one of Rs. 3000/-at the end of nine months and the balance of Rs. 8000/- at the end of a year and a half th

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