Judgment

GUPTA J.:- In these two appeals by special leave the contest is between two purchasers in execution of two decrees on successive mortgages, each seeking to redeem the other. The prior mortgagee did not implead the puisne mortgagees in his suit. In the suit brought on the subsequent mortgages the prior mortgagee was initially impleaded but later the suit was withdrawn against him. The only question debated before us is, who has the preferential right to redeem as between the two auction purchasers.

2. The facts may be briefly stated. The property in dispute is a house in Mysore City of which one Srirangachar was the original owner. On August 28, 1946 he borrowed Rs. 8,000 from C. K. Ramachandra Rao executing a simple mortgage deed mortgaging the house. On two different dates in March and May in 1947 Srirangachar again borrowed Rs. 1,000 and Rs. 1,500 from A. N. Dattu Rao executing two simple mortgage deeds mortgaging this house. In June 1951 Srirangachar borrowed Rs. 1,000 from C. S. Raghunatha Rao again executing a simple mortgage deed mortgaging the same property. There were thus four simple mortgages of which two were held by A. N. Dattu Rao. On March 29, 1952 the first mo