Horwill, J.

1. On 23rd February 1916 defendant 1 executed the mortgage deed, Ex. A, in favour of the plaintiff for Rupees 20,000. In this document were recitals by which the plaintiff held himself responsible for any loss that might accrue to defendant 1 on the ground of his not paying off certain debts out of the consideration. On the other hand, defendant 1 held himself liable on the security of the same property for any excess amount that might be spent by the plaintiff in preserving his mortgage rights. In Ex. A there was a definite recital that there were no prior mortgages. In fact however there was a mortgage evidenced by Ex. M dated 15th January 1900 for Rs. 400 on items 1 to 5 of the same property. In 1916 the mortgagee of that prior mortgage brought O.S. No. 180 of 1916, to which both the present plaintiff and defendant 1 were parties. During the course of the suit, on 8th June 1917, defendant 2, by Ex. J., purchased the equity of redemption. The property was brought to sale and both the plaintiff and defendant 2 filed petitions, Exs. C and I, to set aside the sale on payment of the decree amount. The plaintiff had filed the earlier petition and it was the plaintif