Bal Raj Tuli, J.

1. Badle plaintiff filed a suit against Shib Lal on 14th March, 1958, for possession of a house by way of foreclosure, on the ground that Shib Lal defendant had mortgaged it in his favour vide mortgage-deed dated 14th May, 1953, for a consideration of Rs. 786/- with a promise to redeem the mortgage on payment of the mortgage amount and interest due thereon at the rate of annas 10 per cent per mensem within three years of the date of mortgage, failing which the house was to stand sold to the plaintiff. The plaintiff had taken foreclosure proceedings in the Court of District Judge under Section 8 of the Bengal Regulation No. 17 of 1806 on the ground that the defendant had failed to make payment of the requisite amount within time. Shib Lal defendant pleaded that he had sold the house to Sabha Chand on 24th March, 1957 for a sum of Rs. 3,000/- out of which Rs. 1,000/- were left with him for payment to the plaintiff. Sabha Chand had become the owner of the house and he was in possession thereof. It was also pleaded that Sabha Chand had deposited Rs. 1,000/- on account of mortgage money in the Court of the District Judge on 22nd July, 1957 within time. On this p