( 1 ) THIS is an appeal against an order of Mukherji J. , dated the 7th June, 1960. The facts are briefly as follows:

( 2 ) W. N. Hickie had an interest in a pro petty, which might be called the Sodepur property It consisted of about 16 bighas of land, on which it is said, Hickie erected, or proposed to erect a factory.

( 3 ) ON or about the 2oth September, 1946, he mortgaged the property in favour of Sm. Santa Debi. Thereafter, he made a second mortgage in favour of Sm. Benarashi Debi. On the 13th January, 1947, Santa Debi instituted a suit for enforcement of her mortgage, making Benarashi Debi, the puisne mortgagee, a party. This suit is Suit No. 108 of 1947.

( 4 ) IN 1947, Messrs. Mackintosh Burn Ltd. , filed a suit against Hickie, being Suit No. 605 of 1947, for the recovery of the amount due to it for certain construction works done in the Sodepur property.

( 5 ) ON the 14th September, 1949, a preliminary mortgage decree was passed in Suit No. 108 of 1947, mentioned above. By the preliminary decree, it was inter alia, provided that Benarashi Debi would be entitled to Rs. 96,000/-, but if a sum of Rs. 50,000/- was paid to her within 10 years, she would accept that