Sir Shadi Lal.:-

On 29th October 1914, one Asghar Ali and his cousin Muzaffar Ali granted a mortgage by conditional sale of the entire estate of Ambhapur, popularly known as the taluka of Gandara, and of certain other villages, to the then Maharaja of Balrampur for Rs. 9,20,000. The mortgaged property was situated in the District of Bahraich in the Province of Oudh, aud was fully described in a schedule attached to the instrument of mortgage. Asghar Ali died in January 1915, and his eldest son Iqbal Ali with Muzaffar Ali created in favour of the mortgagee, on 10th August 1915, a further charge on the same property for the sum of Rs. 2,16,425. The mortgagee brought an action to enforce his rights under both the deeds, and obtained, on 20th February 1922, a final decree for foreclosure. In execution of that decree he got possession of the property in April 1922.

Thereupon the sons of Asghar Ali, other than Iqbal Ali, commenced the present action for the recovery of their share of the mortgaged property on the ground that it was the absolute property of their father, and that on his death it devolved on all the persons who were his heirs under the Mahomedan law. They challenged Iqbal Al