UMRAI LAL Vs. MUSAMMAT RUKMIN KUAR

JUDGEMENT

(1.) The sole question for decision in these two appeals is whether a mortgage executed by the respondent Musammai Rukmin Kuar in favour of the appellant Uumrai Lal on the 15th September 1908 is entitled to priority over two mortgages executed by the same mortgagor in favour of Krishen Sarup and Munnu respectively. Krishen Sarup s mortgage was executed on the 7th November Id JO, that in favour of Munnu on the 10th July 1907.

(2.) This question of priority has arisen in two suits, one filed by Krishen Sarup and the other by Umrai Lal. The Court below has held in both suits that Umrai Lal s rights as mortgagee must be postponed to those of the two mortgagees who hold the earlier mortgages, and hence these two appeals.

(3.) A brief statement of the fact, leading up to the present litigation is necessary in order to show the material points on which the parties are at issue.