JUDGMENT

1. This appeal has been argued on one single point. It relates to a shop in Land our, which, together with other properties, was mortgaged by the first four defendants to the defendants Nos. 5 to 12. These defendants brought a suit against their mortgagors and obtained a decree. In execution of that decree they have applied for the sale of the house in suit. The present suit was instituted by the plaintiff for a declaration that the shop was liable to sale. The plaintiff has died during the course of the, proceedings and the appellants are his heirs. The facts on which they based their claim are that, in 1905 the 13th defendant instituted a partition suit against the first four defendants, and obtained a decree declaring her right over 4 sihams out of 84 in this shop and in 9 other houses and a grove. These partition proceedings were subsequent to the mortgage, and the mortgagees were not parties to them. The partition decree is, therefore, not binding on the mortgagees. The plaintiff's case, and the case on which the defendant No. 13 obtained partition, was that the shop originally belonged to one Ghulam Muhammad, whose heirs were admittedly the first four and the 13th def