JUDGMENT

1. This appeal arises out of a suit for the redemption of a mortgage made in 1858 by one Hafiz Baksh in favour of Babu Lal. The latter transferred his rights as mortgagee to one Muhammad Karim whose sole representative, by right of inheritance, is the respondent Ahmad Hussain. The mortgagor Hafiz Baksh died leaving several heirs among whom are the defendant Ahmad Hussain and the plaintiffs. The plaintiffs seek to redeem their own share of the property on payment of a proportionate part of the mortgage money. The defendant's contention was that the plaintiffs could only redeem the mortgage as a whole and were not entitled to claim redemption of their own share only. The Court of first instance overruled this objection and decreed the claim on the ground that the integrity of the mortgage was broken up by reason of the defendant having inherited a part of the mortgagor's rights. The lower appellate Court having affirmed this decree a second appeal was preferred to this Court by the defendant. Our learned colleague who heard the appeal was of opinion that the suit as framed was not maintainable and dismissed it. From his judgment this appeal has been preferred under the Letter