JUDGMENT

Mitter, J. - This is an appeal by the plaintiff and it arises out of a suit for foreclosure. It appears that the principal defendant mortgaged the property now in suit by way of conditional sale to the pro forma defendant on 4th Jaista 1325 B.S. The mortgagee, that is, the pro forma defendant Nabi Bux sold or assigned over the mortgage bond to the plaintiff on 1st January 1924. The present suit to enforce the mortgage by way of conditional sale by foreclosure was instituted on 28th August 1924. The principal defendant mainly contended that the mortgage bond itself and the sale thereof in favour of the plaintiff were both void for want of consideration. The defence further was that the plaintiff was not a bona fide purchaser for value. The Court of first instance held that the mortgage bond was for consideration and that the plaintiff was also a bona fide purchaser for value. It accordingly decreed the plaintiff's suit and passed the usual preliminary decree for foreclosure. Against this decision, an appeal was taken to the Court of the Subordinate Judge by the principal defendant and the learned Subordinate Judge has reversed the decision of the Munsif holding that the kot