JUDGMENT

1. This appeal arises out of a suit for sale brought upon a mortgage, dated the 26th of September, 1898, executed by the defendants Nos. 1-3, in favour of the plaintiff. The mortgage-bond provides for payment of the amount secured by it by instalments covering a period of 12 years. The plaintiff alleges that default has been made in the payment of one of the instalments and he claims the amounts of all the instalments remaining unpaid. He also prays for the sale of the hypothecated property which consists of a grove admittedly the occupancy-holding of the mortgagors and a dwelling house and enclosure in which they reside as such occupancy-tenants. The Court of first instance granted to the plaintiff a decree for only one of the instalments in respect of which default had been made, but it dismissed the remainder of the claim including the claim for sale of the mortgaged property. The lower Appellate Court has modified the decree of the Court of first instance and made a decree for the whole of the amount claimed. In its judgment it upheld the first Court's finding that the mortgaged grove was not liable to sale, but it was of opinion that the dwelling house could be sold. I