PHOOL KUARI Vs. BHAGWAN DAS

JUDGEMENT

(1.) This appeal arises put of a suit to recover the money due on the basis of a hypothecation bond dated 10 November 1918.

(2.) The suit was not contested by the mortgagors but defendant 9, Bhagwan Das, was impleaded as a subsequent mortgagee of a portion of the mortgaged property, namely, the property which is situated in mahal "Yellow Bhagwan Dai" of mauza Fatehpur Asl.

(3.) Bhagwan Das pleaded that he had priority in respect of his mortgages and it was found as a fact that he held two usufructuary mortgages of a date earlier than the date of the mortgage in suit. He contended that the plaintiff should not be allowed to bring the property to sale without paying him the mortgage money due on his prior mortgages.