MALIK, CJ. :- The facts of this case are very simple, but it raises a point of law of some interest, as there are no clear decisions on the point.

The plaintiff-appellant is the mortgagor who filed a suit for redemption of a mortgage with possession. That suit was decreed on 24-7-1934 on payment of Rs. 6221/-. A decree under Order 34, R. 7 for redemption of the mortgage was passed and the decree-holder was given six months time to pay the amount. The decree-holder mortgagor thereupon deposited Rs. 6221/- and on the deposit being made in accordance with the provisions of Order 34, Rule 7, a final decree for redemption was passed and the plaintiff-decree-holder was put in possession of the property.

The money, however, remained in deposit in the Court as the defendants did not choose to withdraw it. The defendants filed an appeal, which was allowed on 18-4-1941. It was held that the mortgage had become time-barred on the date of the suit and the plaintiff could not, therefore, get a decree for redemption. Thereafter the defendants applied under Section 144, Civil P.C. for restoration of possession and also claimed mesne profits for the period during which they had been out of