Judgement

Consolidated Appeals from a judgment and two decrees of the High Court (June 1, 1915) affirming two judgments and decrees of the Additional Subordinate Judge of Bhagalpur (March 26, 1912).

The principal respondents instituted the first of the two suits giving rise to the present appeals upon four mortgages to them dated September 16, 1896, August 1, 1898, September 21, 1902, and November 10, 1904; they prayed that, after taking an account of what remained due under the mortgages, the properties mortgaged might be sold and the proceeds applied to discharge the mortgage debts. The mortgagors were the first party defendants. The present appellants who had two mortgages dated respectively April 5, 1899, and April 5, 1901, which related to properties included in those mortgaged to the principal respondents, were second party defendants. The appellants by their written statement claimed under their two mortgages priority over the third and fourth of the mortgages above mentioned as made to the principal respondents, and contribution in respect of the proceeds of certain of the properties. All the mortgages in question were duly registered under the Indian Registration Act, 1877