1. - These are two connected appeals directed against the appellate judgment and decree by the Civil and Additional Sessions Judge No. 3, Jaipur City dated 9.1.1967.

2. The property in dispute which is situated in Ramganj Bazar, Jaipur originally belonged to one Abdul Rehman, who mortgaged it in favour of Mohammad Saddiq in consideration of a sum of Rs. 500/- on 22.4.1907. Both Abdul Rehman as well as Mohammad Saddiq died and after their death Abdul Latif and two others claiming to be the heirs of Abdul Rehman filed a suit for redemption of the property against the heirs of the mortgagees. That suit was decreed on 29.9.1939. The property was in possession of Mohammad Ibrahim and Mohammad Ismail-defendants at the time of the said decree as tenants of the mortgagees. Consequently in the course of execution Abdul Latif was not able to obtain actual possession of the property, but was granted symbolical possession on 27.1.1941. However, before the symbolical possession was ganted to Abdul Latif, Mohammad Ibrahim and his brother Mohammad Ismail also filed a suit which was registered as Civil Suit No. 204 of Samvat 1998 in the Court of Munsiff (East), Jaipur against Abdul Latif &