JUDGMENT

Almond, J C - In this case the plaintiffs Mohd. Yusaf, minor, son of Fazal Mahmud.andMt. Sakina Begum, the daughter of Fazal Mahmud, claimed Rs. 86-9-0 on account of rent for a house situated in Peshawar City. The defendants were Jan Sultan and Khawaja Arif, the latter being a tenant under Mt. Jan who was the real contesting defendant. The facts of the case are that the house in dispute belonged to Fazal Mahmud. He died leaving a widow Mt. Haji Begum, two minor sons, Mohd. Yunas and Mohd. Yusaf, and a daughter Mt. Sakina Begum. Mt. Haji Begum on her own behalf and on behalf of her minor son Mohd. Yusaf mortgaged the house to Ahmad Din, the father of Jan Sultan, for Rs. 1500. On the death of Ahmaddin, Mt. Jan Sultan as his heir instituted a suit under Order 34, Rule 4 for realization of the mortgage debt by sale of the property. Mohd. Yunis and Mt. Sakina Begum were made parties to the suit and objected to the sale on the grounds that their mother had no right to alienate their interest in the property. It was held by the trial Court that 1/8th of the house was liable to sale representing 'the interest of Mt. Haji Begum herself. On appeal, this share was raised to 11/60th o