JUDGMENT

1. These are two Letters Patent Appeals arising out of a suit for redemption. It appears that Hansa was the owner of some land situated in Shahgunj in the Agra City, whereon stood a kutcha house and chaupal. In 1S61 he mortgaged with possession the paid land with the kutcha house and chaupal standing thereon to Hargobind in lien of Rs. 20. On the 30th of June 1863, Hansa sold his equity of redemption in that property to Jugal Kiehore, the predecessor in interest of the present plaintiffs. Jugal Kishore filed a suit for redemption and obtained a decree on the 6th of October 1863, conditional on his paying Rs. 20 to the mortgagee. No time was fixed by the decree for the payment of that money, and no money was in fact paid to Hurgobind in pursuance it. Whether that was due to some private arrangement with Hargobinod or some other cause is not clear.

2. Hargobind subsequently pulled down the kutcha kotha and chaupal standing thereon and built a shop and a balikhana at a cost, of Rs. 5,500. He rmained in possesion of that property till 1989, when ha mortgaged the Bhop and bilakhnni, which the land upon which they stood, to one Khubi Ram, describe himself as the absolute owner of