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Judgment
Certain property was usufructuarily mortgaged to the plaintiffs in 1890. The plaintiffs subsequently got two other mortgages on the same
property. They brought the present suit on the two subsequent mortgages and asked for sale subject to their prior usufructuary mortgage. Both the
Courts below held that the suit was not maintainable. That in a casa like the present the plaintiff could have a decree for sale on the subsequent
mortgages free of the prior mortgage is clear from Rengasami Nadan v. Subbaroya Iyen ILR (1907) M. 408. The plaintiffs are willing to accept
such a decree if the decree they asked for cannot be granted. But we see no good reason why there should not be a decree for sale subject to the
prior mortgage, and there is direct authority for granting such a decree in Ram Shankar Lal v. Ganesh Prasad ILR (1907) A. 385.
We, therefore, reverse the decree of the District Judge and remand the appeal for disposal on the merits. Costs will abide the result.