Judgment

Bose, J. - This is a defendants appeal in a suit for contribution brought by the son of mortgagor against the co-mortgagors.

2. The parties are related as below :

3. The mortgagors were the plaintiff s father Tarak Lall and Tarak s two brothers Kedar and Naku. The mortgage was executed on 12-6-1936 in favour of one Mr. Gyarsi for a consideration of Rs. 80,000. For convenience I will call this the suit mortgage though this is not a suit on the mortgage.

4. The mortgagee sued in the year 1938 and obtained a preliminary decree for sale on 17-2-1939 for a sum of Rs. 89,485-12-9 plus costs. The decree was made final on 22-12-1939.

5. In execution the mortgagee proceeded against the property of the plaintiff alone (as Tarak s son) and during the pendency of the execution, assigned her rights in the decree to the Hooghly Flour Mills. The Mills continued the execution and on 11-3-1943 the claim was satisfied in this way.

6. An order of the Court was obtained sanctioning sale of a part of the mortgaged property, 20 Round Tank Lane (which belonged exclusively to the plaintiff), to the decree-holder for a sum of Rs. 1,50,000. It was directed that the consideration should first be applied