Spencer, Og.C.J.

1. The appellant holds a first mortgage over the machinery type and other stock-in-trade of the Modern Printing Press which is installed in premises belonging to the first respondent. The 1st respondent has a decree for arrears of rent and for ejectment of the tenant against the 2nd respondent. 3rd respondent is a Receiver appointed in the course of the execution of the 1st respondents decree and was directed by the Court in presence of all the parties to sell the press for the best price obtainable and meanwhile to keep it running as a going concern and to pay the rent due to the landlord. Owing to various reasons the attempt to dispose of the press as a going concern was unsuccessful and the materials were eventually sold for Rs. 10,000 which is less than the sum due to the appellant on his mortgage decree of July 10,1924. a this appeal we were asked to declare that the appellants claim to the proceeds of the mortgaged property should be given precedence over the 1st respondent s chim for rent and over the disbursemonts made by the Official Receiver to workmen for keeping the press running as a going concern. It is argued for the appellant that his positio