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POLLOCK
RAMGOPAL BHOLARAM MARWADI – Appellant
Versus
NANAKRAM JODHRAJ – Respondent
Pollock, A J C—This appeal arises out of a suit for foreclosure on a mortgage dated 12th August 1921 executed in the plaintiff's favour by two persons who are now represented by the first three defendants. There had been a previous mortgage on 24th March 1920 in favour of a co-operative society. On 22nd February 1934 defendant 4, who is the appellant in this Court, purchased the mortgaged property and, as part of the consideration for the sale, undertook to pay off the mortgage debt due to the co-operative society. He paid off that debt on 24th March 1933 by a payment of Rs. 174-11-0. The only question for decision in this appeal is whether defendant 4 can claim that he is subrogated to the rights of the prior mortgagee and that he is entitled to set up this prior mortgage as a shield against the subsequent mortgagee. The decision of this question depends on the interpretation of S. 92, T. P. Act, which was inserted in that Act by the Transfer of Property Amendment Act (20 of 1929), which came into force on 1st April 1930. Para. 3, S. 92, runs as follows :
A person who has advanced to a mortgagor money with which the mortgage has been redeemed shall be subrogated to the righ
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