Venkataramana Rao, J.

1. The question in this second appeal is when a sub-mortgagee sues, for sale of the properties mortgaged to his mortgagor, that is, the original mortgagee, impleading the original mortgagor, should he pay court-fee on the amount due under the original mortgage or on the amount due under the sub-mortgage? Ordinarily a sub-mortgagees right just like any other mortgagee is to enforce his mortgage and bring to sale the property mortgaged to him, that is, the interest of the mortgagee in the property mortgaged to the latter. But the law permits him to enforce sale of his said property under circumstances and conditions which would entitle the original mortgagee to bring the properties to sale. To such a suit the original mortgagor should be made a party. The principle on which this is allowed is that a sub-mortgagees claim is by a derivative title from the mortgagee and he is in fact an assignee of the mortgagee. When the mortgagee effects a mortgage of his mortgage interest he is creating a transfer of his right as mortgagee though not absolutely. Therefore when a sub-mortgagee sues for sale of the property he is enforcing the right of the original mortgage