JUDGMENT

Bennet, J. - This is an appeal by the plaintiffs whose suit for contribution against defendants has been allowed by the lower appellate Court to the extent only of 1/9th instead of 1/2 claimed by the plaintiffs of the sum of Rs. 719.11-0 which the plaintiffs admittedly paid to discharge a 'joint mortgage decree. The facts are that on 17th May 1923 a mortgage deed was executed by Ram Charan Lal, the predecessor-in interest of the plaintiffs, and by his nephew defendant 1 Rashik Behari Lal. On that mortgage-deed the mortgagee Chotey Lal brought a suit No. 321 of 1926, and obtained a decree on 28th August 1926, and he put up for sale a house which belonged jointly to the mortgagors and the plaintiffs had to pay Rs. 719-11-0 in order to get the sale set aside. The plaintiffs have brought this suit for contribution of one-half of that amount and interest against defendant 1 and defendant 2, who is a transferee of the property from defendant 1. The basis of the suit is that in the mortgage deed the property pledged belonged to Ram Charan Lal to the extent of one-half and to his nephew Rashik Behari Lal to the extent of one-half. Accordingly the claim is that u/s 82, T. P. Act the