Bhandari, J.—This is a Civil Second Appeal in a suit for redemption. The main point involved is this appeal is whether the limited right of mortgagee can be acquired by adverse possession. There is an un-reported Division Bench case of this Court in Sarwan Lal vs. Gangadhar (Civil Second Appeal No. 220 of 1949), decided on the 12th October, 1955, is which in was held that such right can be acquired by adverse possession, but there is another Division Bench case of this Court in Hansia vs. Bakhtawar Mal (1), in which it has been held that such right cannot be acquired by adverse possession. When this appeal came up for hearing before one of us sitting as a single Judge, it was referred to a Division Bench, in view of the conflict of opinion between two Division Benches of this Court. Eventually, this special bench was constituted for deciding the appeal.

2. The facts giving rise to this appeal may be briefly stated thus. On 7th October 1949, the plaintiffs Laxmi Narain and Sitaram filed a suit for redemption of a shop situated in the town of Reengus, against Mangi Lal and Rameshwar defendants. The case of the plaintiffs in the trial court was that Godha, Lachhmi Narain, Bala Bux and

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