( 1 ) THIS is an appeal against a decree passed by S. N. Banerjee J. declaring that the amount due to the plaintiff under the mortgage mentioned in the plaint in the suit for principal and interest is Rs. 5,000/- and a preliminary mortgage decree for sale and for costs, except costs of hearing after the amendment of the plaint. The plaintiff is the appellant before us and his contention in this appeal is that the learned Judge should have decreed the suit in full with all costs and not for a part only of the claim and costs. The respondents Nos. 1 (a) and 1 (b) are the heirs of John Carapiet Galstaun, since deceased who was the original defendant in the suit.

( 2 ) THE case of the plaintiff as made in his original plaint as filed was as follows: The plain tiff is the mortgagee of properties belonging to the said John Carapiet Galstaun. The properties mortgaged were (a) premises No. 24 Amratolla Lane, Calcutta, (b) premises No. 96 Karaya Road, Calcutta, (c) premises No. 167/1 and 167/5 Dhurrumtolla Street (Chandni bazar) Calcutta. The mort gages were created by deposit of title deeds made in September 1926. It was agreed by and between the plaintiff and the sai