JUDGMENT

1. This is a plaintiff's appeal. The plaintiff has obtained a foreclosure decree against a share in the village of Bholamau based upon a deed of conditional sale executed in favour of her husband, from whom she is a transferee, by a certain Syed Zafar Mehdi. The trial Court refused to grant her relief against a share in a village called Behta Murtaza. She appeals in respect of the refusal to grant her relief against the share in Behta Murtaza. Although the questions for decision in this appeal require a comparatively short decision, it is necessary to state certain preliminary facts before we arrive at those questions.

2. Moulvi Dildar Ali was a Syed who attained a position of eminence in the reign of King Asafuddaula. In recognition of his learning he received a diploma of Ijtihad from Karbala and was afterwards made Pesha Namaz by King Asafuddaula who gave him the title of Mujtahidulasr or priest of the Shias. He was succeeded by son Syed Mohammad who was succeeded by his son Bande Husain who was succeeded by his son Mohammad Husain. On his death Mohammad Hussain was succeeded by his son Syed Mohammed. A relative called Syed Sibte Husain brought a suit against Syed Mohamm