JUDGMENT

D. A. DESAI, J.:—What constitutes part performance within the meaning of the expression in S. 53-A of the Transfer of Property Act (Act for short) so as to clothe a mortgagee in possession with the title of ownership which would defeat the suit of die erstwhile mortgagor for redemption, is the question canvassed in these two appeals by common certificate.

2. Facts first. Sardar Govindrao Mahadik original plaintiff I (now deceased prosecuting These appeals through his legal representatives) and Gyarsilal original plaintiff 2 (appellant 2) filed Civil Suit No. 14/51 in the Court of the District Judge, Indore, for redemption of a mortgage in respect of house No. 41 more particularly described in plaint paragraph 1, dated Feb. 22, 1951. A loan of Rs. 10,000/- was secured by the mortgage. The mortgage was mortgage with possession. Plaintiff 1 was the mortgagor and the sole defendant Devi Sahai was the mortgages. Plaintiff 2 is a purchaser of the mortgaged Property from plaintiff I under a registered sale deed Ex. P-1, dated Oct 14, 1950. Plaintiff 1 will be referred to as mortgagor, defendant Devi Sahai as a. mortgagee and plaintiff 2 Gyarsilal as subsequent purchaser in this ju