Somayya, J.

1. There are two appeals, A.S. Nos. 328 of 1939 and 372 of 1940, both arising out of O.S. No. 12 of 1939 which was a suit for redemption of a mortgage executed by defendants 2 to 5 in favour of the first defendant under Ex. B, dated the 26th January, 1934. Defendants 2 to 5 executed a subsequent mortgage in favour of the plaintiffs under Ex. A, on the 27th August, 1937 and the plaintiffs filed the suit out of which the appeals arise for redeeming the prior mortgage in favour of the first defendant. Before filing the suit the plaintiffs deposited the amount which they considered to be due under the mortgage Ex. B in O. P. No. 45 of 1938. This was on the 29th October, 1938. They made the present first defendant the prior mortgagee alone a party and asked for the usual reliefs grantable under Section 83 of the Transfer of Property Act. To this a statement of objections was filed by the respondent and two reasons were given by him for not accepting the amount deposited in Court. One is that -the mortgagors who executed Ex. B to him and Ex. A to the plaintiffs (who were the petitioners therein) were disputing the right of the plaintiffs-petitioners and therefore it wo