SRIVASTAVA, J.:

This case was filed as a First Appeal from order, but as the Bench before which it was put up for admission was of the view that it could be entertained only as an application in revision it has been converted into a Civil Revision.

2. One Zafar Husain was the owner of the Properties in dispute. On 9th June 1926 he made a simple mortgage in respect of the properties in favour of Nawab Muzammiluallah Khan for a consideration of Rs. 26,000. On 20th April, 1928 he made a second simple mortgage of the properties in favour of one Kishan Lal. Zafar Husain died after making these mortgages and was succeeded by his mother Smt. Meharun-nissa his widow Srimati Faruqi Begam and a sister Smt. Batul Fatma. The applicant before us is the husband of Smt. Batul Fatma. On 11th January, 1932 the applicant purchased the mortgage rights in respect of the second simple mortgage of Zafar Husain from the mortgagee Kishan Lal.

A suit (Suit No. 136 of 1932) was then filed on behalf of the first mortgagee for the recovery of the mortgage debt by the sale of the mortgaged properties. The applicant who was a subsequent mortgagee of the properties at the time of the suit was, however, not