Judgment

SUBBA RAO, J. :

This appeal by special leave is directed against the judgment of a Division Bench of the Rajasthan High Court in S. B. Civil Revision No. 181 of 1956.

2. The plaint-schedule properties originally belonged to one Noor Mohammad, his wife and son. On Sept. 14, 1936, they mortgaged the said properties with possession to B. F. Marfatia for a sum of Rs. 25,000. On February 22, 1938, the said mortgagors executed a simple mortgage in respect of the same properties to one Novat Mal for Rs. 5,000. On December 21, 1942, Radha Kishan, Har Prasad and Pokhi Ram acquired the equity of redemption in the said properties in an auction sale held in execution of a money decree against the mortgagors. On February 14, 1950, and March 13, 1950 Seth Girdhari Lal, the husband of Appellant No. 1 herein, purchased the mortgagee rights of Novat Mal and Marfatia respectively. On May 1, 1950, Girdhari Lal was put in possession of the mortgaged properties. On July 22, 1950, Respondents 9 to 11 purchased equity of redemption of the mortgaged properties from Radha Kishan: Har Prasad and Pokhi Ram. On August 10, 1950, Girdhari Lal instituted Civil Suit No. 739 of 1950 in the Court of the Senio