1. In this case the defendants grandfather took an assignment of a mortgage from a creditor of the family to which the plaintiffs and defendants ancestors belonged. He simultaneously took a sale-deed of the one-third interest of one of his two brothers in the family house for Ks. 188 of which Rs. 123-8-0 represented that brothers share of the debt and thus became the full owner of that brothers share as well as his own share over which the mortgage became extinguished by merger.

2. He did not take any proceedings to recover the amount secured by the mortgage or a proportionate part thereof from the plaintiffs grandfathers share and his right to do so was at the date of this suit barred by limitation.

3. In a suit by plaintiff for partition the defendant claims to set off the amount by which the plaintiffs estate has been benefited through the defendants grandfathers omission to bring it to sale in pursuance of his rights as assignee mortgagee.

4. The Lower Courts have called upon the plaintiff to pay Rs. 123-8-0 as an equitable set-off before being put in possession of his share of the family property.

5. We do not think the defendants are entitled to this set off. At the date