( 1 ) THE original defendants have filed this Second Appeal under Section 100 of the Code of Civil Procedure against the judgment and decree dated 11-9-75 passed by the District Judge, Ujjain in Civil Regular Appeal No. 5-B/74 thereby sustaining the judgment and decree dated 12-2-74 passed by Second Civil Judge Class I, Ujjain in COS No. 26-B/73.

( 2 ) BRIEFLY stated, the facts of the case are that the appellant No. 1 (Defendant No. 1) mortgaged the agricultural lands area 10 Bighas and 19 Biswas with respondent No. 1 on 10-6-69 for a consideration of Rs. 5,000/ -. The appellant No. 2 (defendant No. 2) had stood surety for repayment of the mortgaged amount. The mortgage was a simple mortgage and the possession continued with appellant No. 1. The interest was to be paid @ Rs. 9. 50 per cent per annum. The period of mortgage was three years and the repayment was to be made in three instalments falling due on 10-6-70, 10-6-71 and 10-6-72. The first two instalments were agreed to be of Rs. 1700/- each and the third instalment was agreed to be of Rs. 1,600/ -. It was also agreed that the interest shall be paid each month and in case of default in payment of interest for