1. The order of reference in this case states the following question for the decision of the Full Bench : "Whether a first mortgagee who has purchased the mortgaged property in execution of a decree on his mortgage and sues for possession or in the alternative for the recovery of his money is entitled to a decree for possession subject to redemption by a puisne mortgagee with possession who was not a party to the suit by the first mortgagee?"

2. Our answer is in the negative. There are conflicting decisions of this and the other Indian High Courts on the question which it is impossible to reconcile. The source of the difficulty seems to lie mainly in arriving at a definite conception of the rights of the second mortgagee. Section 60 of the Transfer of Property Act lays down the right of the mortgagor to redeem the mortgage. Section 75 of the Act gives every second or other subsequent mortgagee the same rights as against the prior mortgagee as the mortgagor has against him as regards the redemption, foreclosure or bale of the mortgaged property. As the mortgagor is entitled to redeem the first mortgage, the second mortgagee is likewise entitled to redeem the first. As regards