JUDGMENT

Iqbal Ahmad, J. - This appeal arises out of a suit for sale on a mortgage dated 8th March 1919, and the sole question for consideration in the appeal is whether -or not the Courts below were right in holding that defendants 8 to 10 had acquired the rights of a prior mortgagee of the year 1919 and were entitled to hold up that mortgage as a shield against the claim of the plaintiff-appellant. The. facts are as follows:

2. One Muqaddam mortgaged his property; in the year 1913 by means of a deed of simple mortgage to one Murlidhar. He. again mortgaged the same property in the year 1919 to the plaintiff appellant. Muqaddam's brother Pir Baksh also joined in the execution of the mortgage of 1919, but I am not concerned in the present appeal with the share mortgaged by Pir Baksh. Murlidhar put his mortgage into suit and obtained a preliminary decree in the year 1925 and a final decree in the year 1926. The final decree was for a sum of Rs. 539-4-6 with futures interest at six per cent. per annum. After Murlidhar obtained the final decree for sale Muqaddam's equity of redemption: in the mortgaged property was sold in. execution of a simple money decree and purchased by Babu Ram, th