once a property is on Mortgage, all rights accruing therefrom belongs to the Mortgage. We think however that this is not the position of the law. The mortgaged properly is merely a security for the loan of the mortgagor took from the Mortgage. The rights and privileges on the property still belongs to the Mortgagor during the subsistence of the mortgage. Thus it was wrong for the mortgagee to have demanded for such rent, where there is a subsisting agreement between the mortgagor and a third party. Accordingly, the intervener has no right to claim the arrears of rent. On the part of the Defendants, they were right in their judgment to withhold the payment for fear of paying to the wrong party and this fear is reasonable in the circumstances. Accordingly, their non- payment of the arrears of rent to the Plaintiff was not due to their own fault, the claim of the Plaintiff to the sum of N100,000,000.00(one hundred million naira) as damages for breach of covenant, N5,000,000.00( five million naira) as solicitors fees and interest in the like sum cannot stand; and are hereby dismissed. The 2nd Defendant is ordered to pay the arrears of rent for the Plaintiff. For the avoidance of doubt, the 3rd, 4th, 5th and 6th Defendants ought not to have been joined as parties to this suit and their names are hereby expunged from the suit. 17