JAGANNADHADAS, C. J.

( 1 ) THIS revision comes before us as a Pull Bench on a reference under Rule 4, chapter V of the Rules of this High Court. Under the said rule, taken with Rule 2, the point or points on which the Bench making the reference differed from a decision of a former Division Bench should be stated The order of reference is not specific as to what is the exact point which is referred to us. But there can be no doubt, on a perusal of the said order that wnat was intended to be referred to us, is the question "whether the ruling of the Patna High Court in 2 cut L T 49, has been correctly decided. " It is on that footing that we deal with this reference.

( 2 ) THE subject-matter of this revision is an eight-anna-share in Touzi No. 2861, which has been constituted into the separate Touzi No. 8856. The father of the petitioner before us took a mortgage of this Touzi from the then owner thereof bayed Abdui Quyyam and another on 31-12-1930. (It may be noted that the court below states that the mortgaged property is an eight-anna-share in Touzi no. 6866; but it is specifically admitted before us by the lawyers on both sides, on a reference to the documents exhibited, that w