JUDGMENT

1. This appeal arises out of a suit for redemption of a mortgage. On the 30th of April 1897, one Mashuk Ali mortgaged his estate under two documents in favour of the defendant No. 1, On the 14th of May 1906, his heirs sold the equity of redemption to the defendant No. 2. Defendant No. 2, on the 23rd of April 1907, under a sale-deed, transferred the same right to the present plaintiff. The defendant No. 1, the mortgagee, was also apparently a co-sharer in the mahal in which this property was situate. In regard to the sales of the 14th of May 1906, and the 23rd of April 1907, he brought no suit to assert his right to pre-emption. When that right was finally barred, the plaintiff, on the 29th of April 1908, brought the present suit to redeem the mortgage of April 1897. There was a defence that the transaction was not a mortgage but a sale oat and out. That defence has been decided on second appeal in this Court against the defendant and it has bean held as between the parties that the transaction of the 30th of April 1897 constituted a mortgage. Another defence raised by the defendant No. 1 was that he had a right to preempt the sales of the 14th of May 1906, and the 23rd of A