JUDGEMENT

Appeal (No. 90 of 1939) from a decree of the High Court (April 15, 1936) affirming a decree of the Subordinate Judge of Agra (February 18, 1932).

The following facts are taken from the judgment of the Judicial Committee This appeal was by the plaintiff in a redemption suit which was brought in the Court of the Subordinate Judge of Agra in 1924. It had reference to a village called Muthamai, in the district of Agra, which at one time belonged to a zemindar called Nawal Singh. In that village the plaintiff inherited the interest of the mortgagee under a mortgage of 1893 granted by Nawal Singh to the plaintiffs grandfather. Having brought a suit (No. 50 of 1911) to enforce that mortgage, the plaintiff purchased Muthamai at the judicial sale in 1923, and thus became vested with the right and title which Nawal Singh had possessed in 1893. The question now raised was as to the amount which he had to pay to free Muthamai from the prior charge created by a mortgage granted by Nawal Singh in 1882 over three other villages as well as Muthamai. Was it the whole sum outstanding on the mortgage of 1882 ? Or was he, in the events which had happened, entitled to redeem Muthamai on payme