Judgment

BOSE, J. : This is a defendant s appeal. The suit was for possession and, if the alternative, for redemption of the plaint properties.

2. The first plaintiff was a tenant of the suit lands under the Orissa Tenancy Act. He mortgaged them to the defendant on 13-9-1930 by way of simple mortgage. The rent, payable by the first plaintiff to the landlord, fell into arrears and so the landlord sued him for the arrears. A decree was obtained and the property was put up for sale. In order to safeguard his rights the defendant paid up the arrears and then obtained possession of the property under S. 225, Orissa Tenancy Act.

3. This latter fact was at first denied but that is no longer in dispute, therefore it must be accepted, that the defendant obtained possession under S. 225 on 27-11-1934 and that he has been in possession ever since.

4. The rent fell into arrears again and the landlord sued for a second time. This time no one paid and so the property was put up sale again. It was purchased by the defendant on 24-6-1937 for a nominal sum of Rs. 129/- and he was given possession through the Court in due course, though of course he was then, and always had been at all material times, i