JUDGMENT

William Burkitt, J. - This and the connected Appeal No. 70 of 1905 are cross appeals from the judgment of the Subordinate Judge of Moradabad, dated December 16th, 1904, by which he partially allowed and partially dismissed the suit of the plaintiff Sobha Ram against the defendant Ran Singh and others.

2. It appears that one Badan Singh, father of the first three defendants and grandfather of the other four, had in July 1882 mortgaged certain property to Khetal Das and another. On the 24th August 1893 Badan Singh mortgaged the same property to Balak Ram, father of the plaintiff Sobha Ram, to secure the sum of Rs. 2,000, Subsequently Balak Ram obtained a decree, by which, under the direction, of the Court, he, by paying Rs. 1,858-3-3, redeemed the prior mortgage of Khetal Das and so under the provisions of Section 74 of the Transfer of Property Act acquired the position of first mortgagee on paying the Rs. 1,858-3-3 payment of which is admitted.

3. Balak Ram then instituted a suit against his mortgagor Badan Singh to recover the amount due on foot of his mortgage of August 1893 and also to recover the sum he paid to redeem the prior mortgage, and for sale of mortgaged property