JUDGMENT

Trevelyan and Beverley, JJ. - The facts which it is necessary to narrate for the purpose of determining the questions which we have to decide in this appeal are as follows: On the 21st June 1886 the first defendant mortgaged to the plaintiff, for the purpose of securing the sum of two thousand rupees with interest at 24 per cent, per annum, one pucca house and a second house, partly pucca and partly cutgha, and the land upon which those houses stand, and a 2 annas and 8 gundas 2 dunts share in Mouza Chapra Harchand. On the 17th August 1886 the first defendant mortgaged to the father of the second defendant the -pucca house above mentioned. It is admitted that when this second mortgage was executed the mortgagee had no notice of the first mortgage, except so far as the fact that the first mortgage was registered can be said to have given him notice of it. On the 30th July 1887, the second defendant's father obtained a mortgage decree against the first defendant. On the 21st June 1889 the first defendant executed another bond for Rs. 1,440, the interest then due under the bond of 21st June 1886, and for a further loan of Rs. 800, and gave to the plaintiff another mortgage of