1. The Judgment of the Court was delivered by SEN J. --This appeal arises out of a suit for ejectment. The respondent Seth Bhabutmal filed a suit in the Court of Subordinate Judge, First Class, Ralaghat, on 1-4-1941 against the appellant Hafizbi for possession of Re. 0-4-0 share of mauza Saheki, pargana Lanji, tahsil and district Ralaghat. He stated that he obtained possession on 11-12-1935 in execution of the final decree for foreclosure, dated 17-10-1935, which he obtained against Mohammad Sharif in civil suit no. 7 of 1929 on the basis of the mortgage deed dated 16-10-1922 which Mohammad Sharif executed for himself and as guardian on behalf of three minor brothers in favour of the respondent. The respondent alleged that he had applied for mutation in his favour but his application was rejected and the order was upheld in appeal by the Deputy Commissioner, Ralaghat, on 12-9-1936. He therefore filed the present suit for possession.

2. The defendant denied the claim of the plaintiff and stated that in execution of the decree, dated 23-6-1925, in civil suit no. 27 of 1925 of the Court of Subordinate Judge, Second Class, Balaghat, which Mangilal had obtained against Mohammad S