(1.) The suit oat of which this appeal has arisen was brought by the plaintiffs to enforce specific performance of an alleged agreement for the sale of certain immovable property, and in the alternative for the recovery of money allowed to be due to them on foot of two mortgage bonds, one of the 12 of March 1892 and the other of the 1 of "December 1896. The two mortgage bonds were executed by Kandhaia Sahu, father of the appellant Lachhmi Narain Sahu. The plaintiffs alleged that he (Kandhaia Sahu), agreed to sell them half of the property comprised in the mortgages but failed to perform his contract. The defence set up was first as regards the alleged sale that there was no contract of sale whatever entered into between the parties. As to the bonds sued on. It was alleged that there was no consideration whatever for the bond of the 1 of December 1896; and as to the other bond the defence was that after the execution of the mortgage an agreement was made between the parties whereby the mortgagees entered into possession, and received the rents and profits of the property for the purpose of satisfying the mortgage debt, and that, they did out of the rents and profits satisfy the entire debt.
(2.) The lower Court found that there was no agreement for sale as alleged by the plaintiffs and dismissed the claim so far as regards the alleged sale. It also found that the consideration mentioned in the bond of the 1 of December 189P was not paid and consequently the suit in respect of that bond failed. It also came to the conclusion that no such agreement, as was set up by the defendants for possession and receipt of the rents and profits by the mortgagees, was ever entered into, and that as to the bond of the 12 of March 1892, the plaintiffs were entitled to recover the principal sum due on it, as also interest from the date of the bond.
(3.) The present appeal has been preferred by the defendant Lachmi Narain Sahu and two grounds of appeal only have been discussed before us. The first is that in view of the language of the hypothecation bond of the 12 of March 1892 interest is not chargeable against the defendant. The second ground is that the evidence conclusively establishes the alleged agreement for possession and that the mortgagees entered into possession of the property and received the rents and profits and satisfied thereout the mortgage debt.