KAN SINGH, J—The two appeals before me arise out of the judgment and decree of the learned Senior Civil Judge No. 1, Jodhpur in a suit under Order 21, Rule 103 Civil Procedure Code.

Plaintiff Hastimal and others were the sons of late Shri Mukan Chand Balia. Rao Raja Panney Singh had mortgaged one Haveli known as, Haveli Thikana Sanwrad situated at Jodhpur and fully described in para 4 of the plaint, as also some other property for Rs 28,000/- with Shri Mukan Chand Balia by a registered mortgage deed on 14.9.1943. On 21.1.1946. Rao Raja Panney Singh took a fresh loan of Rs. 7,000/- and executed a second mortgage in favour of Shri Mukan Chand. According to the plaintiffs, this Haveli belonged to Rao Raja Panney Singh and for it he had a patta dated 9 7.1934 in his name as also in the names of his sons Rao Raja Ranveer Singh, Rao Raja Chain Singh, Rao Raja Sukh Singh and Rao Raja Tej Singh, the defendants in the case. Shri Mukanchand obtained a decree for the sale of the mortgaged property from the court of the Senior Civil Judge. The final decree was passed on 30.11.56. Thereafter, the Haveli was put to auction and the decree-holder Shri Mukan Chand himself purchased it and obtained a

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