JUDGMENT

Verma, J. - The appellant Daljit Singh was defendant 4 in the suit which was for the enforcement of a simple mortgage dated 27th October 1922 executed by defendants 1 to 3 in lieu of an advance of Rs. 922-8-0 in favour of the plaintiff firm. The mortgagors, defendants 1 to 3, did not contest the suit. The appellant contested it on various grounds. The Courts below have decreed it and have provided in the decree that it shall be executed against the mortgagors and the mortgaged property in the first instance and that if the whole of the amount due to the plaintiff firm is not realized by sale of the mortgaged property,

whatever amount remains due after the sale of the mortgaged property shall be recovered from the property of Daljit Singh, defendant, to the extent of Rs. 922-8-0.

2. As stated above, the mortgage deed in suit was executed on 27th October 1922. On the same day Tilok Singh, father of the appellant, executed a deed in favour of the mortgagee in these terms:

I, Tilok Singh...execute this surety deed in favour of you, Lala Harkishan Lal Sah and brothers...to the effect that since Har Singh...had mortgaged with you...together with house and all his rights and interest