JUDGMENT

1. This was a suit for a decree for sale upon a mortagage dated January 8th, 1881, made by Adbar Singh and others in favour of the respondents. On January 17th and 18th, 1898, the mortgagors by two deeds sold the mortgaged property to the' respondents for an ostensible consideration of Rs. 1,800 of which Rs. 500 were said to have been retained by the respondents on account of the mortgage of January 11th, 1894. There was no mortgage of that date. The intention was to refer to the mortgage of January 8th, 1884. The mistake in the day of the month seems to have been due to the facts that the mortgage of January 8fch, 1884, was rejected on January 11th and the mistake in the year seems to have been purely clerical error. In 1899 the appellants brought a suit for pre-emption saying that there was no such mortgage as the one referred to in the sale-deed, and that the statement in the deed that Rs. 500 had been retained on account of a previous mortgage had been made for the purpose of making it appear that the consideration was larger then it really was. The respondents produced two witnesses who swore that there was a previous mortgage of the date given in the sale deed. That e