JUDGMENT : - It has been rightly said that the real difficulty of the decree holder begins when he has obtained a decree. To this truism one may add another aphorism, viz., that the travails of auction purchaser start when the sale is confirmed by the court. This second appeal illustrates the correctness of this statement.

2. Sir Mohd. Yakub was a prominent citizen of Moradabad. He had borrowed a certain sum of money from Sahu Param Kirti Saran respondent 1 and executed a mortgage deed to secure the said loan. The properties mortgaged were two houses which are in dispute in this second appeal. Sir Mohd. Yakub was unable to pay this debt and in consequence the mortgagee filed a suit on the basis of the mortgage and the suit was decreed. Feeling himself aggrieved by the decree Sir Mohd. Yakub preferred a first appeal before this court. He however, died sometime in the year 1943 and his heirs were brought on record who included among others Mujtaba Hasan father of respondents 2 to 5 and husband of respondent No. 6. Suffice it to say that the first appeal was dismissed and the decree for sale of the two houses in dispute became final. The suit property was auctioned in execution of the

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