JUDGMENT

Iqbal Ahmed, C.J. - We shall deal first with this second appeal referred to the Full Bench, since its decision will enable the other two to be disposed of without difficulty. In 1915 a simple mortgage was created by a mortgagor, Mahipal Singh, over 136 bighas of land to secure repayment of a principal sum of Rs. 400 and interest. In 1917 the mortgagor created a second mortgage over the same property to secure repayment of Rs. 7000 and interest and at the same time, by agreement with the second mortgagee, left in his hands a sum of Rs. 436 out of the second mortgage consideration for the express purpose of the first mortgage and interest thereon up to that date being discharged by the second mortgagee. The first mortgagee was naturally no party to this transaction. In 1924 the mortgagor sold part of his equity of redemption in the mortgaged property and as a result of this sale (as affected by a compromise of certain proceedings which related to it) the position in 1925 was that the equity of redemption in 75 bighas expectant on the mortgages of 1915 and 1917 had passed to certain purchasers, while the equity of redemption in the remaining 61 bighas remained vested in the mo