JUDGMENT

This appeal by special leave arises from the judgment of the Patna High Court in Second Appeal No. 762/77 dated 17-7-1978, which was dismissed in limine. The father of the appellant-plaintiff hypothecated the plaint schedule property of 5 bighas 3 Kathas 16 dhoors by usufructuary mortgage on 10-7-1911 for a sum of Rs . 261/- .One of the terms of the mortgage, as found by the Courts below, was that the first respondent mortgagee should pay the land revenue. It would appear that the mortgagee committed default in its payment for recovery of which the property was brought to sale under Ex. C-II dated 3-8-1946. the property was purchased by Ramtahal Singh, 11th defendant/ 19th respondent herein. Though the trial Court decreed the suit, the appellate Court in Title Appeal No. 8/71 by judgment and decree dated 28-7-1977 dismissed the suit on the finding that the appellant had lost his title since the property was sold and Ramtahal Singh became the owner of the property at the auction sale. Consequently, the appellant is not entitled redeem the property.

2. The only question that arises for consideration is whether by reason of purchase made by Ramtahal Singh, the auction-purchase