Baker—The plaintiffs, who are mortgagees from one Bhiku Patel of an 8 annas share in mouza Budbuda, Mahal No. 5, and of 1 anna 4 pies share in mouza Narodi, sued for foreclosure of the mortgage. Defendant 2, Gujaba, who is the contending defendant in this case, is a purchaser from Bhiku for his 1 anna 4 pies share in mouza Narodi by a contract made previous to Defendant 1's mortgage. The date of the mortgage is 16th June 1917. As Bhiku did not execute the sale deed, Defendant No. 2 sued him for specific performance in Suit No. 31 of 1917 and obtained a decree on 24th October 1917 for specific performance; and a sale deed was executed, Gujaba being a heady in possession under the previous mortgage.

2. The lower Court held that the plaintiffs' mortgage was not binding on Defendant 2 as the plaintiffs took their mortgage with notice of the previous contract of sale between the mortgagor Bhiku and Defendant No. 2. Their claim against him was therefore dismissed and a decree passed against Defendant No. 1 only as he admitted the claim. The plaintiffs-appeal.

3. Although the judgment of the lower Court is long and the record is bulky, the only question in this case is a comparative