JUDGMENT

1. This is an appeal in a suit for sale upon a mortgage. On February 1st, 1890, two brothers, Har Mukh and Misri, who were the owners of the property, mortgaged it with possession to Het Singh and Ram Bukhsh for Rs. 3,500. Possession was to be retained on account of the interest on the sum advanced and on redemption the mortgagors were to pay, in addition to the mortgage money, the arrears of rent due from the tenants for the last three years. On February 1st, 1893, they made a simple mortgage of the property in favor of Ram Bukhsh for Rs. 300 promising to pay interest at 2 per cent, per mensem compoundable every six months. On January 10th, 1898, Har Mukh alone mortgaged the property to the plaintiff-respondent for Rs. 200. On May 30th, 1901, Har Mukh and the widow of Misri sold the property to the sons of Het Singh, (who were separate from their father), for Rs. 7,000, leaving in their hands a sum of Rs. 2,534 for (the redemption of Ram Bukhsh's interest in the first mortgage and Rs. 4,280 on account of the mortgage of February 1st, 1893. and taking; the balance in cash. The purchasers paid what was due to Ram Bukhsh on the first mortgage and took possession of half the p