JUDGMENT

SABSYASACHI MUKHARJI, J.:— This appeal by leave is from the judgment and order of the High Court of Kerala, dated 21st October, 1986. It arises in the following circumstances :

The building in question which is a shop building No. T. C. 887, M.G. Road, Pazhavangadi, Trivandrum, is part of a pucca three storeyed building belonging to one M .P. Philip and as per his settlement the disputed shop-building and two other rooms devolved on one of his sons M. M. Philip. While this disputed shop-building was in the possession of a tenant under the owner, the owner mortgaged the disputed building and the remaining portions to the first defendant with a direction to receive the rent from the tenant. The mortgagor directed the tenant also to attorn to this mortgagee. The first defendant subsequently in the course of his management of the mortgaged property, gave the building on lease to the appellants for a higher rent when the former tenant vacated the same. Subsequently, the owner executed a subsequent mortgage with a direction to redeem the mortgage in favour of the first defendant and before the subsequent mortgagee took steps to redeem the mortgage, the owner assigned his equity o