DAVE, C.J.—The petitioners Radhakishan and Badrinarain, in this case, are Khandelwal Mahajans and residents of Jaipur. They are partners in a firm which is known as Shivjiram Ramkumar. They have filed this writ application under Art.226 of the Constitution of India. It relates to a two-storeyed-building situated near Mirza Ismail Road at Jaipur.

2. The petitioners case is that the said building belonged to one Ashan Ali Khan who mortgaged it with possession with Seth Bijaylalji, father of petitioner Badrinarain, and Bhuramalji, father of petitioner Radhakishan, for Rs. 7,999/- and executed a mortgage-deed on 30.7.44. At the time of the mortgage, the building was in physical possession of Ashan Ali Khans tenants. When the mortgage-deed was presented for registration, the Sub-Registrar invited objections, but since no objection was received, that document was registered by him. Ashan Ali Khan had purchased an open land in front of the said building from the Municipal Council in 1943-44. He constructed verandahs on the ground-floor and the first floor thereafter. For making this construction, he raised another loan by effecting a second mortgage of the same property on 7.7.45 for an ad

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