( 1 ) THOUGH the question raised in this appeal is a narrow one it was argued on a wider canvass and that has added to our anxiety in reaching the correct conclusion in this matter.

( 2 ) FACTS lie in a narrow compass. Respondent No. 1 (mortgagee) had filed Special Suit No. 8 of 1962 against the appellants (mortgagors) praying for a decree for recovery of amounts under two mortgages one in the amount of Rs. 21 0 dated 19th July 1947 and another Rs. 16 0 under mortgage dated 21st March 1950 first being mortgage with possession Prayer specifically was for sale of the mortgage security and payment of the amount payable under the aforementioned two mortgages. This suit ended in a consent decree on 19th November 1962. There is some dispute between the parties whether the decree dated 19th November 1962 was a preliminary decree or a final decree or partly preliminary and partly final decree. By the decree the mortgagors were required to pay Rs. 18 0 within six months that is by 20th May 1963 with running interest at 6% per annum and if they failed to pay within the period of grace the mortgagee was entitled to recover the amount by sale of the mortgage security and balance