JUDGMENT

Bennet, J. - This is a second appeal by the representatives of the plaintiff against a decree of the lower Appellate Court dismissing the suit of the plaintiff. The facts which give rise to this case are as follows : Phul Singh owned certain zamindari property and made three mortgages as follows : (1) to Dina Nath, defendant 1 for Rs. 200 on 22nd December 1909, simple mortgage; (2) simple mortgage to Sukhdeo for Rupees 1025 on 13th August 1910. Of this Rs. 74 cash alone was paid and the balance which was for debts was not paid; and (3) usufructuary mortgage to Dina Nath, defendant 1, on 2nd August 1912, for Rs. 525. Out of this Dina Nath was to pay Rs. 93 to Sukhdeo to redeem the second mortgage which was the amount then outstanding on it.

2. The plaintiff had a simple money decree against Phul Singh and he caused the property of Phul Singh to be put up to auction salo and he purchased his equity of redemption. Subsequent to this defendants 2 to 8, second party, the successors of Sukhdeo got a decree No. 946 of 1922 on the second mortgage to Sukhdeo and applied for a final decree for sale. On 28th August 1926 the plaintiff paid the decretal amount Rs. 382-4.0. The plaintiff