Gruer, J—The suit out of which this appeal arises purports to be based on a sale-deed dated September 28, 1909, and en a mortgage-deed dated June 16, 1927, and the facts are somewhat peculiar.) The plaintiff, Firm of Sheodayal whose legal, representative is now respondent, and defendant No. 1, Narayansao, who is the present appellant, were joint mortgagees of the mortgage of the above date, and contributed each a half of the consideration of Rs. 1,500. The property mortgaged consisted of a share in malik makbuza land in the villages of Chikhali and Tirora, and certain absolute occupancy fields in Sonegaon. On September 28, 1929, the malik makbuza fields were purchased by defendant No. 1 from the mortgagor, and the former undertook to pay off the total amount then due, Rs. 1,800, of which half naturally would be due to the plaintiff and the other half to himself. He alleged having made a tender of Rs. 900 to plaintiff and refusal on plaintiff's behalf, but the findings are that no valid tender was ever made. The remainder of the property was bought by defendant No. 2 on December 1, 1930. Plaintiff in his present suit claimed half of the total amount due on the mortgage up to