Kanhaiya Singh, J.

1. This is an appeal by the decree-holder from a decision of the Special subordinate Judge, Ranchi, dated 31-8-1950, in a miscellaneous case under Section 47 of the Civil P. C. upholding the objection of the judgment-debtors respondents to the sale of plot No. 106 in satisfaction of a mortgage decree on the ground that it was exempt from sale under Sec. 47 of the Chota Nagpur Tenancy Act.

2. The facts may be shortly stated. Syed Zamiruddin and his wife Bibi Rajwan executed in favour of Maharaja Pratap Udai Nath Sah Deo a simple mortgage bond on 7-6-1933, hypothecating three plots bearing Municipal plots Nos. 81, 83 and and 106 with houses standing thereon. The mortgagors stipulated to satisfy the mortgage debt in annual instalments of Rs. 500.00 with a further condition that in the event of default in payment of two consecutive instalments, the entire sum would become payable at once. No payment was made.

The mortgagee, Maharaja Pratap Udai Nath Sah Deo, then brought a suit to enforce the mortgage in the Court of the Subordinate Judge, Ranchi, being Mortgage Suit No. 49 of 1945, impleading Syed Zamiruddin and the heirs of his wife Bibi Rajwan, who had die