Harbans Singh, J. - (1.) Facts giving rise to this Regular First Appeal may briefly be set out as under. On 21-10-1987, Baldeo Dass mortgaged the property in dispute in favour of Raghu Mal for Rs. 20,000/-. On 16-1-1905, Raghu Mal brought a suit against Baldeo Dass, his sons and grandsons for possession of the mortgaged property and for recovery of Rs. 9, 145/- on the basis of the above mentioned mortgage. This suit was decreed on 25-1-1906, and Raghu Mal was found entitled to Rs. 8,556-10-0 as the mortgage debt. This decree was later on sold to Pars Ram and Jagan Nath, Meanwhile on 19-1-1909, one Tulsa Singh, an unsecured creditor, obtained a money decree against the sons of Baldeo Das and in execution of his decree the equity of redemption was sold to Girdhari Lal; vide sale certificate. Exhibit P-23, (printed at page 61 of the paper book).
(2.) On 30-4-1918, Pars Ram etc., the purchasers of the mortgage decree of Raghu Mal filed a suit for possession as mortgagees against Girdhari Lal, and their suit was decree on 28-11-1918 (vide Exhibit P-12). Thereafter on 2-81920, the successors-in-interest of original mortgagor Baldeo Dass purported to sell the equity of redemption to Banu Mal for Rs. 6,000/- (vide exhibit D-4, printed at page 97), apparently concealing the fact that the equity of redemption and already been purchased by Girdhari Lal in an auction sale. Banu Mal thereafter paid off all the provisos mortgagees, namely, Pars Ram etc. Girdhari Lal claiming to be the owner of equity of redemption brought a suit for possession of the property by redemption against Banu Mal etc. This suit was decreed on 12-2-1927, and it was found that Rs. 3,750/- were due to the mortgagee Banu Mal on the basis of the mortgage and another Rs. 1,200/ were due for improvements effected by Banu Mal.
(3.) No payment was actually made by Girdhari Lal, nor did Banu Mal take any proceedings for foreclosure. Later successors-in-interest of Girdhari Lal sold their rights in the property to Kishan Chand, and Kishan Chand, in turn, sold them to Nathu Mal. The suit out of which the present appeal has arisen was filed on 22-2-1951, by the aforesaid Nathu Mal against Banu Mal claiming possession by redemption on payment of Rs. 3,750/-. He was granted a decree on 31-1-1953. The Court found that in addition to the aforesaid sum, Banu Mal was entitled to Rs. 1,200/- awarded to him under the previous decree dated 12-2-1927, and in addition he was entitled to another sum of Rs, 1,500/ towards compensation for the expenses incurred by him in keeping the property in a fit condition of repair and for making improvements. Nathu Mal felt satisfied with the decree, but Banu Mal felt aggrieved and in the first instance filed an appeal on 19-3-1953, before the District Judge. The memorandum of appeal was, however, returned by the District Jude, on 8-8-1953, holding that the appeal did not lie in that Court. The appeal was filed as Regular Fist Appeal on 10-8-1953, in this Court.;