H. S. Thakur, J.—This is a Letters Patent Appeal against the judgment of the learned single Judge of this Court,

2. A few facts relevant to decide this appeal may be stated. Shri Sansar Chand filed a suit for redemption of a mortgage. It was a mortgage with possession. Shri Sansar Singh alleged that he mortgaged the property in dispute in may, 1950 in favour of Smt. Amar Devi for a consideration of Rs.

300. It was contended by him that the entire amount stood paid off because the mortgagee was in possession and she felled a number of trees and thereby the entire mortgage money stood paid off and that he was entitled to the possession of the property without payment of any amount. Smt. Amar Devi controverted the allegations of Shri Sansar Singh plaintiff and contended that no trees were cut by her and the entire mortgage money was due to her, though she remained in possession. It was also contended by her that Shri Sansar Singh executed a gift deed on March 12, 1959 in favour of Shri Bharat Singh, Smt. Shakuntla Devi and Smt. Ram Devi. As such, it was contended that he ceased to have any interest in the landed property and had no locus standi to file the suit. It was, however,