JUDGMENT

Kanhaiya Lal, J. - This appeal arises out of a suit for redemption of a mortgage by conditional sale effected by Ram Dayal Singh and others in favour of Sukhai Singh and Gopal Singh on the 12th of January 1862. The suit was resisted by the defendant No. 1 who claimed in addition the money due on what he described as two other deeds of further charge. One of them was disallowed by the Court of first instance but allowed by the lower Appellate Court, and it forms the subject-matter of the present appeal. The latter deed recited the earlier mortgage by condtional sale and stated that a further loan of Rs. 400 was taken from the mortgagees, which was to be included in the money due on the earlier mortgage and re-paid with it. It also contained a covenant that until the money due on the latter deed was paid, the mortgagors could not be entitled to redeem the mortgage by conditional sale or to transfer any portion of the mortgaged property elsewhere, the deed was described as a deed of further charge (dastawez tamassuk mashrat-ul-rehan). The language of the document, taken as a whole, clearly shows that the parties intended that the money due on the subsequent transaction, repres