Judgment

DWIVEDI, J.:- The dispute is about some land. The appellants instituted a suit against the respondent for possession over the land and for certain amount and mesne profits. In outline the plaint allegations were that the land was mortgaged with possession to one Kottath Ahmad for Rs. 600/- subject to payment of purappad of 291 paras of 7paddy per annumn after deducting interest on the mortgage amount. The mortgage was oral. The mortgagee s right was purchased in a court auction by the respondent. Since then the respondent is in possession as a mortgagee. The mortgage amount is fully paid up by the arrears of purappad. The appellants are entitled to remain in possession. The respondent contested the claim. He denied that he and his predecessor-in-interest have been in possession as a mortgagee. The oral mortgage cannot be proved in a court. According to him, his predeccor-in-interest was a tenant, and so he also is a tenant. The trial court decreed the suit. The trial court held that the respondent was in possession as a mortgagee and not as a tenant. His appeal was dismissed by the District Judge. The District Judge held that he was in possession as a mortgagee and not as a