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The original mortgagee Jainarain however sued Nandram on his failure to pay the rent, and got a decree for ejectment and obtained actual possession by execution on the 19th of November, 1931. Thereafter, there was trouble between Jai Narain and Mst, Sarupi, mother of Nandram.

She had taken possession, of the house by trespassing on it, and Jainarain's attempts to oust her through the criminal Courts failed. She died in 1942, and thereafter Nandram and his two sons remained in possession of the house. In the meantime Jainarain transferred his rights to the father of the present appellant in 1944, and that is how the present suit was brought. It may be added that one of the houses mortgaged has already been sold, and the present suit is only about the other house.