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4. Abdul Alim defendant No. 1 was a partner in a business with some other persons and on the 30th January 1937 in a final decree for accounts passed by Mr. Ijaz Ahmad, Senior Subordinate Judge, he was held liable for a sum of Rs. 39,000/-, but appeal being taken to the High Court at Lahore the amount was reduced to Rs. 6,000/- and costs. Execution was taken out and the right, title and interest of Abdul Alim was purchased by Abdul Basit, the plaintiff, on the 8th July 1939. The sale was confirmed on the 16th August 1939 and a sale certificate was issued but it bears the date 2nd November 1939. Thus under Section 65 of the Code of Civil Procedure the plaintiff got vested in him the right, title and interest of Abdul Alim defendant No. 1.

5. Three sets of suits were brought by Man-zooma Khatoon, the wife of Alim, in regard to her right of dower but we are not concerned with those litigations. I may only mention that they all ended against the claim made by Man-zooma Khatoon.

6. Under Order XXI, Rule 95 Abdul Basit on the 26th June 1943 applied for possession of the house. This was dismissed by the executing Court as barred by time and an appeal taken to the District Judge and a second appeal to the Lahore High Court ended against Abdul Basit.

8. The suit out of which this appeal has arisen was brought by Abdul Basit on the 28th June 1944. In this suit he claimed possession of the house in dispute and a decree for mesne profits of Rs. 3,240/-. After two amendments the finally amended plaint was filed in Court on the 26th February 1946 and is printed at page 30 of the printed paper book. Several pleas were taken by the defendants who were Abdul Alim defendant No. 1, his wife Man-zooma Khatoon defendant No. 2 and Mohammad Rafi the mortgagee defendant No. 3. It is not necessary to refer to these various pleas and I need only give the decision of the trial Court by which the suit was dismissed. The learned Judge decided two issues against the plaintiff. The first one was that the suit was not maintainable by the plaintiff without his paying into Court the amount of the mortgage decree which had been passed in favour of Mohammad Rafi and the second point decided against the plaintiff was that he could not obtain possession as his title had not been perfected because of the fact that he did not take symbolical possession after the sale had been confirmed in his favour. The plaintiff has come up in appeal to this Court.

9. Mohammad Rafi defendant No. 3 took out execution in his mortgage decree and purchased in execution the house in dispute on the 22nd May 1950 which is shown by a sale certificate which has been placed on the record of this appeal.

10. After the dismissal of the suit while the appeal was pending in this Court Abdul Basit brought a suit on the 2nd June 1950 for a declaration that he was the real owner of the mortgagee rights and that Mohammad Ran who was his brother-in-law was merely a 'benami-dar.' The matter was referred to an arbitrator who gave an award on the 9th July 1950 holding that the real owner of the mortgagee rights was the plaintiff Abdul Basit and Mohammad Raft was only a 'benamidar.' On the 18th August 1950 a judgment and decree followed on this award, and as a result of this Abdul Basit, the present plaintiff appellant has become the owner of the mortgagee rights and he was already the owner of the equity of redemption.