Kinkhede—This judgment will also govern Second Appeal No. 71-B of 1925. One Barkya and his brother Khondya owned Survey No. 82 of mouza Asegaon. They both mortgaged it on 8-1 12 to one Satuji. Barkya alone mortgaged his half-share in it to the plaintiff-appellant Pannalal on 15-4-16 with a condition for foreclosure. Barkya made default in payment and Pannalal therefore sued him for foreclosure and obtained a final decree for foreclosure on 11-12-19. Barkya was the sole defendant in the case. A few months before the date of the mortgage suit Barkya and Khondya granted a lease of the entire field for a term of seven years by a registered deed dated 24-6-18, Exhibit D-1, to one Amrit Narayan (D.W.3) and put him in possession of the field. The mortgagee Pannalal did not join the lessee as a party to the mortgage suit. In pursuance of the final decree for foreclosure the plaintiff took formal possession of his mortgagor's share through Court on 11-2-20, Exhibit P-4; the actual possession however remained with the lessee.

2. The prior mortgagee Satuji, who is the father of the present respondent Rajaram entered into a transaction with his mortgagors Barkya and Khondya evidenced by