JUDGMENT

Thom, Ag. C.J.

1. This is an appeal u/s 10, Letters Patent, against the decision of a learned single Judge of this Court. The appeal arises out of a suit on the basis of a simple mortgage. The plaintiff obtained a decree on the footing of the simple mortgage, which was executed by the appellant on 26th July 1922. Under this mortgage, the mortgagor mortgaged certain rights which he had purchased on 4th December 1898 from a lessee under a deed of perpetual lease executed on 18th December 1888. On that date one Maulvi Tafazzul Husain executed a perpetual lease. Under the terms of the lease the lessee was given full power to transfer his rights and it was further provided that the lessee's rights should be heritable and that in no circumstances could the lessee be ejected. Objection was taken to an application for the preparation of a final decree in the mortgage suit. It was contended that the rights of the defendant were not transferable by auction-sale on the ground that the judgment-debtor was an occupancy tenant. The trial Court and the lower Appellate Court upheld this contention. The learned single Judge in second appeal has however reversed the orders of the lower Courts