JUDGMENT

D.P. Mohapatra, J.-Smt. Chand Bai, widow of Pothulal, was the original owner of the suit property which is a three storied building situated at Sangipada, Sawai Madhopur in the State of Rajasthan. On the third floor of the house some rooms were constructed by the said Smt. Chand Bai. She mortgaged those rooms with possession to Sugan Chand for Rs. 3700/- vide the registered mortgage deed dated 17.2.1950. Thereafter Sugan Chand mortgaged the suit property with possession to Smt. Parsadi and Hanumandas on 28.7.1961 for Rs. 2400/- under a registered mortgaged deed. Said Smt. Parsadi and Hanumandas in turn mortgaged the suit property with possession to Nathulal, the respondent No. 1 herein. Nathulal is in possession of the suit property.

2. When the respondent No. 1 started demolishing a portion of the suit property, Smt. Chand Bai filed a Civil suit No. 69/70 (4/76) in the Court of the Munsif, Sawai Madhopur for mandatory injunction, for declaration of easementary rights, etc. The suit was decreed and the appeal filed by the respondent No. 1 was dismissed. The Second Appeal No. 168/91 filed by him is pending in the High Court. During the pendency of the suit, Smt. Chand Bai ex