MALIK, CJ. :- This appeal has been filed on behalf of the defendants against a decree for redemption passed by the learned Civil Judge of Pratapgarh. The predecessor-in-interest of one Raja Bhairon Bux Singh had executed a mortgage of the zamindari rights in village Tina in favour of the All. Bank Ltd. The All Bank filed a suit on the mortgage, obtained a decree and put the village to sale. It was purchased in auction in the year 1905 by the Rani of Pratapgarh. She obtained possession on 4th of February 1906. On 12th June 1891, Raja Bhairon Bux Singh had mortgaged to one Harpal Singh five plots Nos.139, 190, 196, 197 and 198 measuring 22 bighas 19 biswas and 9 biswansis. This mortgage was subsequent to the mortgage in favour of the All Bank Limited and the All. Bank Limited in the suit filed by it for sale had impleaded Harpal Singh as a subsequent mortgagee. Harpal Singh, however, made no attempt to redeem the mortgage and the village property was sold as mentioned above.

2. It now transpires that these five plots were probably the sir or khudkasht land of Raja Bhairon Bux Singh and Raja Bhairon Bux Singh and Harpal Singh claimed under S.108, clause 10 of the Oudh Rent Act