JUDGMENT

Sulaiman, C.J. - This is a plaintiffs appeal under the Letters Patent from a judgment of a learned Judge of this Court reversing the decree of the lower appellate Court.

2. It appears that one Inayat Khan and his three brothers were entitled to 5/6 share in a village, the remaining 1/6th belonged to a lady. Instead of mortgaging his 1/4 out of the 5/6, Inayat Khan made a mortgage of 1/4 share in the village to the present plaintiffs. This came to about 17 bighas odd and the remaining 1/4 of 1/6 came to about 2 bighas. Subsequently a sale-deed was taken from the lady in the names of the sons of Inayat Khan and their wives whose names were entered in the revenue papers. The defendants, in execution of a money decree against the sons and their wives, got 1/4 of 1/6 share belonging to the lady attached and put up for sale, and they purchased it themselves. Now, the plaintiffs have brought this suit for sale, on the basis of their mortgage-deed and wish to enforce the security against the extra share, namely, 1/4 of 1/6 which had been included in the mortgage, but which at that time did not belong to Inayat Khan. In the plaint there was no reference to Section 43, T.P. Act, and a