JUDGMENT

Niamatullah, J. - The plaintiff-appellant is a mortgagee from Sheikh Mohammad defendant 3 and sued the defendants, three in all for a declaration that his mortgagor is the owner of the property in dispute. In the alternative she prayed for a, decree for possession. It is alleged in the plaint that the property in suit belonged to one Saiduddin, who executed a deed of sale in respect thereof in favour of Mathura Prasad and others. Defendant 3 instituted a suit for preemption on foot of that sale-deed but realised that owing to a certain partition he had no proprietary interest in the tenure in which the vended property was situate. Accordingly he made Mt. Fatima, defendant 1, who had an interest in that tenure to institute a suit for pre-emption. A decree was passed in favour of Mt. Fatima, who obtained delivery of possession followed by mutation of names in the revenue register. The plaintiff's case is that the price deposited in the name of Mt. Fatima, had been paid by defendant 3 and that he bore all the expenses of the litigation against the vendee. The plaintiff also alleges that she is in fact in possession, and that Mt. Fatima had throughout acted for her mortgagor de