JUDGMENT

1. This appeal has arisen out of a suit for sale on a mortgage.

2. The mortgage was executed on the 11th of January 1909 in favour of Sheikh Shahab-ud-din, the husband of the plaintiff, since deceased.

3. This mortgage was executed by one Muhammad Aizaz Ali Khan, the second defendant in the case. He purported to execute this deed as the general attorney of his wife Musammat Mahfuz-un-nissa who was imp leaded as the first defendant.

4. The sum borrowed under the mortgage was Rs. 3,000. There was a personal covenant to pay and a further covenant that, in the event of failure to pay the mortgaged property might be brought to sale. The property, it may be remarked, was the property of Musammat Mahfuz-un-nissa.

5. The two defendants Mahfuz-un-nissa and Muhammad Aizaz Ali Khan set up separate defences. The lady took the line of defence that she was no party to the mortgage-deed. She did not deny that her husband had executed the mortgage in question, although we find a statement to this effect in the judgment of the learned Subordinate Judge, a statement which, on our reading of the pleadings, appears to be erroneous.

6. The lady really sought to protect herself against the claim of t