Judgement

Appeal from a judgment and decree of the High Court (January 27, 1916) modifying a decree of the additional Subordinate Judge of Aligarh.

The suit was instituted by the deceased respondent in July, 1909, to obtain a decree for the sale of certain immovable property under a mortgage dated June 12, 1879, assigned to the respondent on May 21, 1909. The defendants were the respondents, who on February 28, 1884, had obtained a decree for the sale of the property under a mortgage to them dated February 19, 1872, and had bought the property at the sale under the decree. The mortgagee under the mortgage of 1879 was not made a party to the proceedings in 1884. The mortgagors were also defendants to the present suit, but were not parties to the appeal.

66 Law. Rep. 47 Ind. App. 71 ( 1919- 1920)

Matru Mal V. Durga Kunwar 167

The Subordinate Judge gave the respondent a decree conditional upon her paying the appellants the amount which would have been due under the mortgage of 1872.

The High Court modified the decree in the manner appearing from the judgment of their Lordships.

The learned judges in the High Court (Sir H. Richards C.J. and Rafique J.) in the course of their judgment sai