JUDGMENT

Iqbal Ahmad, C.J. - This is an appeal by Muima Lal plaintiff u/s 10, Letters Patent, against the judgment of a learned Judge of this Court and arises out of a suit for sale on a mortgage, dated 13th February 1925, executed by Bharat Singh, defendant l, in favour of Dwarka Das, father of Munna Lal. The main contest in the suit was between the plaintiff and one of the defendants named Chunni Lal, who is a respondent to the present appeal. The Courts below held that the plaintiff had priority as against a mortgage held by Chunni Lal, but the learned Judge of this Court came to the contrary conclusion. The facts are not in controversy and are as follows: On 27th May 1912, Lal Singh, father of Bharat Singh, executed a deed of simple mortgage in favour of Dwarka Das, father of the plaintiff. This mortgage will hereafter be referred to as the mortgage of 1912. In the year 1920 there was some payment by the mortgagor in respect of part of principal or interest "as such" due on the mortgage of 1912, and the payment so made gave fresh start to the period of limitation for enforcement of the mortgage of 1912. Lal Singh died some time between the years 1920 and 1922 leaving three sons,