Judgement

Appeal from a judgment and decree of the High Court (May 19, 1908) affirming a decree of the third Subordinate Judge of Mozufferpur.

The suit was brought by the deceased appellant claiming a declaration that an auction sale held on December 15, 1891, was null and void and that under it no title, passed to the respondents, the purchasers, and those claiming under them, for possession and other relief. Upon the death of the plaintiff in 1910; the appellant Musammat Ram Dei was brought upon the record as her heir and legal representative; there were also brought, upon the record the devisees of the property in suit under a will of Jeuna Bahu, probate having been granted without prejudice to the contention of Ram Dei that the testator had no right to dispose of the property.

The circumstances in which the auction sale of December 15, 1891, was held appear from the judgment of their Lordships.

The decree of April 17, 1890, obtained by the mortgagors under the mortgage of March 24, 1888, against the administrator of the estate of the deceased mortgagor declared that the amount due was Rs. 19,081 principal and interest, and ordered, in the usual form, that in default of payment