JUDGMENT

1. This is a plaintiff's appeal arising out of a suit for sale on the basis of a mortgage deed dated the 8th of January 1909.

2. It appears that Basant Lal, respondent brought a suit for recovery of a money debt against Khwaju and others, and while that Suit was pending he applied for attachment of the defendants' house before judgment. It is not disputed that the house was so attached. While the suit was pending and this attachment was in force, the defendants mortgaged it on the 8th of January 1909 in favour of Bhore Akhey Ram the present appellant. On the 5th March 1909 Basant Lal's suit was ultimately decreed. He put in an application for execution on the 14th of April 1909 which, however was dismissed on the 22nd July 1909 on the ground that the decree-holder had not deposited the process fee necessary for the issue of the proclamation of sale. A second application for execution was made on the 19th July 1909 which also was dismissed on the 23rd December 1909 on apparently not very clear grounds. In pursuance of a third application for execution a share of the house was put up for sale and purchased at auction by Basant Lal, the decree-holder, on the 1st June 1910.

3. Th