The Judgment of the Court was delivered by Subba Rao, J.-This is a Letters Patent Appeal against the judgment of Patanjali Sastri, J., and it raises a question of subrogation.

On 6th August, 1924, one Jagandhara, the husband of the seventh defendant executed a mortgage deed Ex. D-1 in favour of defendants 2 and 3 in respect of item 4 of Schedule D annexed to the plaint for a sum of Rs. 1,000. On 6th September, 1924, he executed another mortgage deed Ex. P-1 in favour of defendants 4 and 5 in regard to items 1 to 3 for a sum of Rs. 750. He again mortgaged items 1, 3 and 4 to defendants 2 and 3 under Ex. D-2 dated 29th June, 1930, for a sum of Rs. 500. On nth July, 1930, he. borrowed another sum of Rs. 1,670 and executed a mortgage deed Ex. P-2 mortgaging items 1 to 5. On 9th September, 1933, by Ex. D-10, defendants 2 and 3 transferred their interest under Ex D-1 to the sixth defendant. Under Ex. D-11, dated 7th October, 1933, Jagandhara’s wife Mahalakshmi, being minor represented by her father, executed a sale deed in favour of defendants 2 and 3 for a sum of Rs. 2,500 conveying to them item 4 of the plaint B Schedule. The consideration for that sale deed was made up of three