1. On 14 21953, the appellant obtained a preliminary decree for partition, redemption, and separate possession of his half share of the mortgaged property from the hands of his co-owner, the predecessor of the respondents who, having redeemed the mortgage, was in possession. The decree determined the appellant's share of the mortgage money at Rs. 31/- and odd and required him to deposit this amount before seeking possession. It also provided that he would be entitled to mesne profits in respect of his half share at a specified rate from the date of the deposit until delivery of possession or until three years after the passing of the final decree, whichever event happened earlier. The appellant made the deposit on 23 10 54, and, that being the price of redemption fixed by the court, the mortgage came to an end see Prithi Nath v. Suraj Ahir AIR. 1963 S.C.1041. Therefore, the possession of the respondents' predecessor, in so far as the appellant's half share was concerned, was thereafter in his capacity as co-owner and not in his capacity as a mortgagee by subrogation. On 29 81956, the court passed a final decree in the appellant's favour, and, in terms of the preliminary