Judgment

VENKATARAMIAH, J. :- This appeal by special leave arises out of a suit for redemption. Krishna Babaji Patil (Plaintiff No. 1) and his brother Bandu Babaji Patil were holding a half share in the lands bearing Survey Nos. 221/1, 222/2, 226/8 and 226/12 in a measuring 22 Acres and 13 Gunthas situated at Mouja Shirsi, Peta Shirola, District Sangli as permanent Mirasi tenants and were in actual possession of their share in the said lands. The lands in question were Paragana Watan Inam Lands and the Watandars belonged to the family of Kokrudkar Deshmukhs. On May 20, 1947 Krishna Babaji Patil (Plaintiff No. 1) and Bandu Babaji Patil executed a mortgage deed in favour of two persons by name Dnyanu_Krishna Mhoprekar and Ananda Santu Mhoprekar (Defendant No. 2) mortgaging their share in the above lands with possession by way of security for a loan of Rs. 1,000/- which they borrowed under the mortgage deed. The mortgage was for five years. The mortgagees were entitled to appropriate the income from the mortgaged property towards interest. Dnyanu Krishna Mhoprekar, one of the mortgagees, died in or about the year 1953 leaving behind him, Jaysingh Dnyanu Mhoprekar (Defendant No. 1) as h