JUDGMENT

Daniels, J. - The facts of this case are somewhat complicated and are stated in full in the judgment of the Court below. So far as they are necessary for the purposes of this appeal they are these.

2. One Musammat Zaiban Bibi owned a share amounting to 1-anna 6-pies 6-kwants B-jan in the village of Bharw'ari in the Allahabad District. She died in 1896 leaving two daughters, Salim-un-nissa and Eahim-un-nissa, as her sole heirs. Her brother-in-law, Zia-ul-haq, took possession of the entire property. Musammat Eahim-un-nissa filed a suit and obtained possession of her share of the inheritance namely 9-pies 3-krants i-jan, Mst. Salim-un-nissa did not file a suit but on Zia-ul-haq's death in 1902 she claimed her share in the mutation proceedings A compromise was entered into by which she was awarded a 7-pies share and the remaining 2-pies 3-krams i-jan remained in posess-sion of the heirs of Zia-ul-haq. While Zia-ul-haq was in possession of the entire property he had mortgaged 9-pies of it to one Mukar-ram Husain. Mukarram Husain filed a suit on his mortgage and obtained a decree for sale in respect of this 9-pies. In the meantime, there had been a partition of the property and th