A.N. GROVER, J.

(1) THIS is an appeal by special leave from a judgment of the Bombay High court in a revision petition reversing an order of the court of Civil Judge, J. D. Bhusaval.

(2) THE material facts are these : On 28/01/1957 respondent No. 2 mortgaged with possession the suit house with respondent No. 1 for Rs. 6,000.00. The period of redemption was fixed at 10 years. On 26/02/1938 respondent No. 2 sold the equity of redemption to the appellant. On 1/03/1958, respondent No. 2 served a notice on respondent No. 1 asking for redemption of the possessory mortgage on a payment of Rs. 6,000.00 with interest. On 20/03/1958 the appellant sent a notice to respondent No. 1 enclosing a cheque for Rs. 6,000.00 and offering to pay a further amount due as interest and called upon him to hand over the possession of the mortgaged property. Respondent No. 1 sent a reply saying that the mortgage was not redeemable before the expiry of the period of 10 years and he returned the cheque. On 23/04/1958, the appellant filed an application in the court of the Civil Judge, J. D. Bhusaval under Section 83 of the Transfer of Property Act and S. 30 and 31 of the Bombay Money Lenders Act,