Horwill, J.

1. Defendants 1 and 3 mortgaged the suit property to the plaintiff on the 21 st July. 1924 by Ex. P-2. Prior to that mortgage, there was a mortgage by defendants 1 and 2 under Ex. P-1 a on the 24th August 1921 to one Narayana Reddi and in 1933 the mortgagee brought O.S. No. 429 of 1933 on his mortgage, impleading the plaintiff as a puisne mortgagee. A decree was passed; and on the 29th July 1936 the plaintiff paid Rs. 667-8-0 to satisfy the decree. Satisfaction of the decree was entered up on the 18th June 1937. The plaintiff then brought O.S. No. 233 of 1937 asking for a decree against his mortgagors and against the hypotheca claiming to be subrogated to the rights of the mortgagee under Ex. P-1 a of the 24th August 1921. The lower appellate Court held that he was not entitled to a decree, for his mortgagors had no right in the property whatsoever, because on the date of the mortgage in favour of the plaintiff they had parted with their interest in the property; and so the plaintiff was not a person interested within the meaning of Section 91 of the Transfer of Property Act. The lower appellate Court was inclined to hold that he was a person interested within th