Judgment

AYYANGAR, J. : These three appeals, which are before us on certificates of fitness granted by the High Court of Punjab, arise out of two suits for the recovery of amounts due on mortgages executed by one Mohinder Singh who was a contractor in Delhi. Mohinder Singh is now deceased and is now represented in these proceedings by his widow and son. Mohinder Singh owned as many as eight properties in Delhi & over one or other of these he created successively 24 mortgages between September 1943 and July 1944 and also executed a sale in respect of one item of these properties. The contentions urged in these appeals arise out of conflicts between the rights of some of these mortgagees inter se, or between some of them and the purchaser of one of the properties. It is however unnecessary for the purpose of deciding these points to set out the details of every one of these several mortgages or their history.

2. Appeals 77 and 78 may first be considered. The facts necessary to appreciate the sole point raised by Mr. Achhru Ram. learned Counsel for the appellant Jagdish Chand are these: The property concerned in the two appeals is plot No. 1, Pusa road in Block 34 with a bungalow thereo