Judgement

Consolidated Appeals (No. 87 of 1938) from a decree of the High Court (December 1, 1936) which modified a decree of the Subordinate Judge of Howrah (January 3, 1933).

The suit out of which these consolidated appeals arose was brought on January 21, 1931, by the appellants Raja Janaki Nath Roy and Jadu Nath Roy, as mortgagees, against respondent No.1, the mortgagor, Raja Pramatha Nath Malia, and the mortgagors two sons, who were respondents Nos. 2 and 3, claiming repayment of Rs. 1,63,561-14-6, with interest, and in default of payment that properties A, 13, C and D, which had been mortgaged by respondent No. 1 to the appellants, be sold and the sale proceeds applied towards satisfaction of the debt which was due and owing in respect of the fourth mortgage on property D only. Respondent No. 4, Kumar Pramatha Nath Roy, was impleaded as a puisne mortgagee, and the question for decision was whether, as held by the High Court (Guha and Bartley JJ.), respondent No. 4 was entitled to be treated as a mortgagee of the properties A, B and C ranking in priority to the mortgage thereon to the appellants, or whether, as held by the Subordinate Judge, the appellants mortgage ranks in pr