JUDGMENT

B. Dayal, J. - These are two connected second appeals arising out of two rival suits for redemption of the same property. It appears that one Ram Prasad was the original owner of this property who usufructuarily mortgaged it in favour of Khaderu and Sukkhan in 1904. This mortgage was usufructuary mortgage and the interest of the mortgagee was transferred from time to time and now vested in Thakur Prasad. The equity of redemption also changed hands. Ram Prasad the original mortgagor had two daughters Sampta and Lakhpatta. These daughters transferred their interest in favour of Smt, Krishna and Shiva Nath. Upon this transfer, one Bansi Lal, who is now represented by his transferees Lachman Prasad and Mohan Lal filed a suit for pre-emption which was suit No. 441 of 1941. The suit was dismissed by the trial court, but was decreed by the lower Appellate Court on 22-9-1943. Smt. Krishna and Shiva Nath filed a second appeal against that decree. In the meanwhile, Banshi Lal deposited the preemption money and in execution of that decree obtained formal possession of the house on 16-11-1943. In second appeal, however, his decree for preemption was modified, and it was held that the p