Judgment

Shah, J.-These two appeals between the same parties, arise out of mortgage of two pieces of agricultural land in Mandsaur-one mortgage deed is executed on 18th June, 1932 and another on 26th July, 1934. At present, we would refer to the facts of Civil Appeal No. 235 of 1995. Relying upon registered mortgage deed executed on 26.7.1934 by one Hardeodas who was the power of attorney holder of Dwarkadas, respondents-heirs of the deceased Dwarka Das-filed Civil Suit No. 112-A/68 on 10th August, 1968 before the Civil Judge, Mandsaur for redemption of 1/3rd share in agricultural land bearing survey No. 1639 situated at Mandsaur. The deed prescribed eleven years as the mortgage period with a specific condition that the mortgage money was not to carry interest and the mortgage was made in favour of appellant which is a Community, namely, Shree Panch Nagar Parakh Jankoopura, Mandsaur. The Trial Court decreed the suit for redemption of possessory mortgage on payment of mortgage money and cost which is confirmed in Appeal and Second Appeal.

2. It has been contended by learned counsel for the appellant that courts below committed patent error in arriving at the conclusion that suit for r