S.S.Dulat, J.

1. The facts leading to the present appeal under clause 10 of the Letters Patent are these. Fazal-ul-din and others mortgaged 202 Kanas and 19 Marlas of land with Mehar Singh in 1913 and a further mortgage was created on the same land in 1916. Out of this land, Fazal-ul-din and others sold in March 19233 a small piece measuring 10 Kanals and 12 Marlas to Diwan Chand comprised in Khasra No. 3217. The land, of course, remained in possession of the mortgagee. In 1944 Fazal-ul-din and others brought a suit for redemption and actually succeeded in obtaining a decree but, as they left India at time of the partition, they did not obtain actual possession. After the partition the Competent Officer appointed under the Evacuee Interest (Separation) Act,. thinking that the entire land was evacuee property, proceeded to deal with it and he found in accordance with the provisions of the Act that the mortgage, having lasted more than twenty years, stood extinguished by operation of law. Wishing to take advantage of that finding. Diwan Chand brought the present suit in March 1958 for the possession of the 10 Kanals and 12 Marlas of land that had been sold to him and regardin