Bose, J.-This is a defendant’s appeal in a suit for contribution brought by son of a mortgagor against the co-mortgagors.

The parties are related as below:

The mortgagors were the plaintiff’s father Tarak Lall and Tarak’s two brothers Kedar and Naku. The mortgage was executed on the 12th June, 1936 in favour of one Mst. Gyarsi for a consideration of Rs. 80,000. For convenience I will call this the suit mortgage though this is not a suit on the mortgage.

The mortgagee sued in the year 1938 and obtained a preliminary decree for sale on the 17th of February, 1939, for a sum of Rs. 89,485-12-9 plus costs. The decree was made final on the 22nd of December, 1939.

In execution the mortgagee proceeded against the property of the plaintiff alone (as Tarak’s son) and, during the pendency of the execution, assigned her rights in the decree to the Hooghly Flour Mills. The Mills continued the execution and on the 11th of March, 1943, the claim was satisfied in this way.

An order of the Court was obtained sanctioning sale of a part of the mortgaged property, 20, Round Tank Lane (which belonged exclusively to the plaintiff), to the decree-holder for a sum of Rs. 1,50,000. It was directed th