Bapna, J.—This is a first appal by the plaintiff in a suit for recovery of possession.

2. One Nandram and his brother Achlu mortgaged two houses mentioned as A and B in the schedule annexed to the plaint, with one Jainarain for a sum of Rs. 3000/- on Baisakh Vadi 7, Svt. 1975 (22nd April 1919) and delivered possession thereof to the mortgagee in pursuance of the mortgage., Nandram took a lease of the house A from the mortgagee on the date of the mortgage and occupied the same as a tenant. On the failure of Nandram to pay rent, Jainarain sued for arrears of rent and ejectment and obtained a decree on the 12th of September 1929 and actual physical possession was delivered to him in execution of the decree on 19th of November 1931. It was alleged that Mst. Sarupi, mother of Nandram, committed trespass over the said house and dispossessed the mortgagee. Thereafter, Jainarain filed a complaint for house-trespass but Mst. Sarupi was acquitted on the ground that her action was in exercise of a bona fide right to be provided with a place for residence. It was alleged that Mst. Sarupi continued to be in possession of the house till her death in July 1942 but thereafter Nandram and his two so

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