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KING, SEN, SIR SHAH MUHAMMAD SULAIMAN
Nannu Mal – Appellant
Versus
Ram Chandra – Respondent
JUDGMENT
Sulaiman, J. - The facts of this case may be briefly stated as follows:
2. The owner of certain houses and sites, including an open piece of ground in the form of a platform (chabutra), made a simple mortgage of them in favour of Ram Charan in 1906, and then again mortgaged the same properties to Behari in 1913. The prior mortgagee sued on his mortgage and, without impleading the second mortgagee, obtained a decree for sale. He put it in execution and purchased part of the properties himself, and the platform in question was purchased by the present Defendants Nos. 5, 6 and 7. The purchasers of the platform put up a construction in the form of a building which has been valued by the courts below at Rs. 200. I take it that it is not a structure of a temporary nature.
3. The present suit was instituted by the second mortgagee. He impleaded the prior mortgagee as well as the purchasers of the platform. These latter Defendants pleaded inter alia that the property could not be put up for sale-without Rs. 200 being paid as compensation.
4. The first court held that the construction on the platform had become part of the security and could be sold, and the Defendants could not claim
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