Judgment

DWIVEDI, J.:- Kariya and his wife Seva purchased the house in dispute by a registered deed on April 20, 1905. Kariya died in 1936 leaving behind him Seva and Ram Charan, his son. On August 16, 1951 Ram Charan mortgaged the house to Prem Raj (the appellant). Prem Raj obtained a preliminary decree for foreclosure on August 16, 1952 and also the final decree on July 16, 1953. In the meanwhile on March 7, 1952, Seva gifted the entire house to Prakash Chandra, son of Ram Charan, the respondent. Fortified by this gift, Prakash Chandra frustrated several attempts of the appellant to get possession of the house in execution of his decree. He made three unsuccessful attempts to execute the decree till the end of 1954. He made the fourth attempt on April 25, 1956. Shortly thereafter, on December 7, 1956, Prakash Chandra instituted a suit against the appellant and his father Ram Charan for a declaration that the preliminary and final decree for foreclosure in favour of the former were not binding on him and for a perpetual injunction restraining the appellant from taking possession of the house in execution of the aforesaid decree. The suit was dismissed on November 25, 1958. He filed