ORDER

1. The defendant executed in favour of the father of the plaintiff two mortgages in respect of the same property, on 17th July 1923 and 19th June 1925, for Rs. 5000 and Rs. 2000, respectively. Interest was payable at 15 per cent. per annum in respect of the first bond and at 18 per cent, per annum in respect of the second bond according to the stipulations in the bond. The mortgagee thereafter instituted a suit in the Court of the Subordinate Judge at Howrah in the year 1930 for recovery of Rs. 15,500 on the two mortgage bonds. The suit was decreed in full and a preliminary decree was passed on 24th February 1931, for a sum of RS. 19,803-2-0 including interest pendente lite amounting to Rs. 3058-12.0 and costs of the suit amounting to RS. 1244-6-0. The preliminary decree was made final on 30th March 1931. In execution of the final decree, the mortgaged properties were sold and were purchased by the mortgagee for Rs. 10,000 on 8th March 1932. Before the sale the mortgagor paid Rs. 5375 to the mortgagee towards part satisfaction of the decree. The sale was confirmed on 13th August 1932. The mortgagee obtained possession of the properties purchased by him on nth September 1932, t