Judgment

RAMASWAMI, J.:- The appellant is the executor of the estate of Pestonji Sorabji Majoo deceased, hereinafter referred to as the mortgagor . During his lifetime the mortgagor was the owner of one-third share in premises No. 50, Chittaranjan Avenue, Calcutta. On November 21, 1938, the mortgagor executed a deed of mortgage in respect of his one-third share in favour of Shew Balak Pandey for Rs. 7,500/- On December 3, 1945 he executed another deed of mortgage in respect of his one-third share in favour of one Sudhinder Nath Mitter for Rs. 8,350/-. On May 6, 1947, he executed the third deed of mortgage in respect of his one-third share of the premises in favour of the respondent Gangadhar Khemka for Rs. 12,000/- carrying interest at the rate of 12 per cent per annum with monthly rests. On January 13, 1948 Shew Balak Pandey filed a suit on his mortgage, being Suit No. 135 of 1948, impleading the puisne mortgage as parties to the suit. On December 12, 1949, a preliminary mortgage decree in Form 9 of Appendix D in the First Schedule to the Code of Civil Procedure was passed in the said suit. Since the mortgagor did not pay, a final decree was passed on December 4, 1952 in the sui