Lord Shaw:-

This is an appeal from a judgment and decree of the High Court of Judicature for the North-Western Provinces, Allahabad, which reversed a judgment and decree of the Subordinate Judge of Bareilly.

The principal object of the suit is to obtain a declaration that the defendant No. 1 has no right or share in a 13 biswa and 8 biswansi zemindari share in mouza Tigra Khanpur, and that that share is saleable in satisfaction of a balance of debt, still unpaid, by Wilayat Ali Khan.

Wilayat was the husband of Musammat Bigga Begam. He was indebted to Durga Prashad in a considerable sum of money, which he had borrowed under a bond, dated the 5th February 1878, hypothecating, among other properties, the share in mouza Tigra Khanpur just mentioned. The mortgagee obtained a decree on the bond against the mortgagor on the 26th March, 1896, and that decree was made absolute in the following December. Some of the mortgaged properties were then sold. Among others the share in mouza Tigra Khanpur was sold in execution of the mortgage decree, and on the 20th July, 1898, was purchased by Musammat Bigga Begam, Wilayat's wife, and Hakim Ahsan Ali Khan for 10,000 rupees. There is nothing surprising