ANIL KSHETARPAL, J.

1. This judgment shall dispose of RSA No.4503 of 2001 and CR No.6505 of 2016.

RSA No.4503 of 2001 (O&M)

2. Defendants-Appellants are in the Regular Second Appeal against the concurrent findings of fact arrived at by both the Courts below, decreeing the suit filed by the plaintiff for declaration that he is owner in possession of the property with consequential relief of permanent injunction, in the alternative, the plaintiff has also prayed for decree for possession.

3. The question which requires consideration is ."Whether a mortgagor can defeat the suit filed by the mortgagee for declaration that he is owner in possession of the property particularly when the previous suit filed by the mortgagor for possession by way of redemption of the mortgage had been dismissed and the aforesaid decree has become final?".

4. Undisputedly, the descendants of Khamanand had mortgaged with possession land measuring 115 bighas and 10 biswa vide mortgage deed dated 19.03.1931 for a sum of Rs.4500/-. Out of the mortgage land, Dal Chand, predecessor-in-interest of the defendants redeemed half of the land mortgaged by paying 1/2 of the amount i.e. Rs.2250/- on 18.05.1942. Ther