(1.) THIS is a plaintiffs' appeal in a suit for pre-emption of a field, survey No. 16.
(2.) THE suit has been dismissed by both the lower Courts on the ground that the plaintiffs have no interest left, after the transfer, in the field and accordingly are no longer co-occupants. A question of limitation was also raised but I need not consider that because I am of opinion that the suit must fail in any event on the other ground.
(3.) ON 25th May 1923 Sadasheo, the grandfather of the plaintiffs, and his son Sampat, an uncle of the plaintiffs, mortgaged the whole of the field in suit along with certain other property with which we are not concerned. The mortgage is Ex. D-4. In due course the mortgagees sued on their mortgage and on 14th March 1939 they obtained a preliminary decree for foreclosure. The decree was made final on 2lst February 1940 and the mortgagees took possession on 25th December 1940. The present suit was filed on 9th October 1948.