JUDGMENT :- This is a simple appeal; but a question of law is raised on facts which are plain and undisputed. The appellant claims a right of subrogation to the extent of Rs. 850 under S. 92 of the Transfer of Property Act in the following circumstances.

2. The first respondent, who is now dead and is represented by his legal representatives, respondents 2 to 5, instituted the suit, O. S. No. 60 of 1956, Sub Court, Tiruchirapalli, for recovery of money due on a simple mortgage dated 1-11-1944 in his favour executed by the first defendant in the suit. Items 1 to 3 of the plaint schedule properties belonged absolutely to the first defendant. Defendants 2, 3 and 4 were impleaded as puisne mortgagees, holding usufructuary mortgages, of items 1 to 3 respectively. The first defendant held only mortgage rights over items 5 and 6 of the plaint schedule and the fifth defendant was impleaded as he claimed a vendors lien over these items. The fourth defendant, who was the usufructuary mortgagee of the plaint item 3 resisted the suit, questioning the truth and validity of the mortgage sued upon, and also claiming priority to the extent of Rs. 850, in respect of that item relying upon t