JUDGMENT

Bajpai, J. - The Plaintiff decree-holder is the Appellant. It is necessary to state the facts in some detail. On the 11th of September 1915 one Mst. Hanifa executed a mortgage in favour of Najabat Ali, the present Appellant, hi 1928 Najabat Ali brought a suit on the basis of this mortgage and he impleaded as Defendants to the suit the heirs of Mst. Hanifa, the original executant. These heirs are the Respondents to the present appeal as well. I have read the plaint of that suit and it is clear that the Plaintiff wanted the amount due under the mortgage by foreclosure of the mortgage property or by sale of the mortgaged property. The learned Munsif who decided that suit was of the opinion that the mortgage was an anomalous mortgage if it was a mortgage at all and that the Plaintiff was not entitled to a decree for foreclosure on the ground that the amount in suit was not charged upon the mortgaged property. The Plaintiff therefore was not given a decree either for foreclosure or for sale but was given a simple money decree for the recovery of Rs. 350. It is true that there is no discussion in the judgment of the Court below on the question as to whether the Plaintiff was enti