JUDGMENT : RICHARDS, J.:— In this case a suit was brought by the Bank of Upper India to enforce a mortgage made by the appellant. The usual preliminary decree was made under section 88 of the Transfer of Property Act, which was followed in due course by an order absolute. When the decree came to be executed in respect of the particular property now in question, the mortgagor for the first time raised the question that in as much as the property was held under a Crown grant, the property could not be sold, and he relied upon section 2 of Act No. XV of 1895, and also upon the special terms and conditions contained in the grant itself. In the first place he contends that section 2 of the Act renders all the provisions of the Transfer of Property Act inapplicable to lands held under such grants, and in the second place he says that the conditions on which the lands were granted were that the grantee should always remain loyal and give his services to the Government. In our opinion section 2 does not render all the provisions of the Transfer of Property Act inapplicable to lands held under grant from the Crown, but the meaning of the section is that when the Court is called upon to construe an instrument, granting land by the Crown, it shall construe such grant, irrespective of the provisions of the Transfer of Property Act. This is manifest from the concluding words of section 2. We are, therefore, of opinion that with regard to the first point the appeal fails. There is no doubt, however, that if the grant itself did in fact contain any provision or condition restraining the grantee or his representatives from alienating or mortgaging the property, such restriction would be valid under section 3, notwithstanding the provisions of the Transfer of Property Act or any other Act or law. 2. We have had the grant under which these lands are held read to us and translated, and we find that there is absolute grant of certain property which admittedly includes the property now in question, and that the only condition is that the grantee should always be loyal to the British Government and should act zealously in time of trouble and disorder. In our judgment this condition in no way restricted the right of the grantee and his representatives to sell and mortgage the property. 3. We therefore consider that on the second point also the appeal is without force. Another point is also fatal, viz., that as the decree directs the sale of the property in question, the objection is late and cannot be taken in an application for execution. We dismiss the appeal with costs including fees on the higher scale.