While setting aside the findings of the Tribunal,the High Court,at paragraph 7 of the impugned judgment made the following findings: "It is an undisputed fact that the revision petitioner has mortgaged the land in dispute in favour of the 5th respondent,Rajashankar in the year 1968 and after the expiry of the mortgage period,since the 5th respondent failed to deliver back the possession of the land in dispute to him,he filed the suit for redemption and obtained a decree for redemption