judgment

P.P. Naolekar, J. —

1.The brief facts of the case necessary for deciding the questions involved are that the land of plot Nos. 1695, 517 and 802 under Khata No. 288 within Khewat No. 6/1 of Village Hocher, P.S. Kanke, District Ranchi was recorded in the record of rights as Bakast Bhuinhari land in the name of Chamtu Pahan & others as landlords. In the record of rights in the remarks column, these lands were shown in possession of Kolha Kumhar & others, the predecessors-in-interest of the private respondents herein as Beyayani Bakbaje. The recorded bhumidar Chamtu Pahan & others filed a title suit against Kolha Kumhar & others for relief of declaration of title and recovery of possession. The said suit was decreed by the trial court and the appeal preferred by the predecessors-in-interest of the respondents herein was dismissed. A second appeal being Appeal from Appellate Decree No. 1909 of 1948 filed by the defendants in the original suit was allowed by the High Court on 20.9.1951 and the judgment & decree passed by the trial court and that of the first appellate court was set aside. The Court came to the finding that the appellants predecessors neither redeemed mortgage nor