JUDGMENT

Mukerji, J. - This letters Patent appeal arises owing to a difference of opinion between two learned Judges of this Court, with the result that the judgment of the learned Judge was upheld. The question before us has narrowed itself down very much. The two learned Judges heard three appeals in the first instance against the same judgment of the Court below. All the three appeals were dismissed, but there was a difference of opinion as regards Appeal No. 7 of 1.922, which is now before us again in the shape of the Letters Patent appeal.

2. The facts, so far as they are involved in the appeal of Abbas Ali (since deceased and now represented by his widow and some), are these: The respondent R. B. Chotey Lal brought Suit No. 219 of 1920 for recovery of a very large sum of money amounting to over a lac of rupees from certain properties and a large number of defendants, numbering 24. The suit was based on the mortgage-deed for Rupees 40,000, dated the 2nd of September 1908. The plaintiff contended that he had paid the sum of Rs. 35,000 and odd towards the satisfaction of two prior mortgages: one held by one Sabu Ram Kumar and the other held by Hargulal, but paid off by Ram Kumar a