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GOKUL PRASAD, RYVES
Budhi Lal – Appellant
Versus
Administrator-General of Madras High Court – Respondent
JUDGMENT
1. The circumstances giving rise to this appeal are as follows: Inamullah, defendant No. 1, made a mortgage of a grove in favour of Manni Lal, defendant-appellant, on the 1st of June 1906. On the 6th of July 1910 he made a second mortgage of the same grove in favour of Shamshad Ali who is now represented by the plaintiff respondent. In 1915 the first mortgagee brought a suit and obtained a decree for sale. To this suit the second mortgagee Shamshad Ali was not made a party and, therefore, his rights, whatever they were, were not affected by this decree. On the 20th of January 1916 the mortgaged property was sold in execution of the decree aforesaid and was purchased by Budhi Lal, defendant No. 3, and one of the appellants before us, and on the 1st of June, 1917 he obtained possession of the property. The plaintiff has now brought this suit for sale on the second mortgage and he has impleaded as defendants the original mortgagor, the holder of the decree on the first mortgage, and the auction-purchaser in execution of that decree. The defence raised by the auction-purchaser and the prior mortgagee decree-holder was that the plaintiff could not bring the property to sale with
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