(1) THIS appeal arises from the judgment of the High court of Bombay at Aurangabad in SA No. 719 .of 1970 dated 21/2/1979. The respondent had filed the suit for redemption of usufructuary mortgage dated 15th Awarded 1321 Fasli, 1912 A.D., hypothecated for a sum of Rs. 9,200.00 O.S. by their predecessors-in-interest. The trial court dismissed the suit as being barred by limitation. On appeal, it was confirmed. The High court in second appeal, held that the mortgagee acknowledged the mortgage and that, therefore, limitation starts running from the date of the acknowledgement by the respondents predecessors-in-interest which would give fresh cause of action for filing a suit for redemption and possession. Indisputably, the gift deed executed by the donor in favour of the respondent-donee clearly mentioned the mortgage and made a part of the deed of gift. Thus, the finding of the High court that the recitals in the gift deed constitute acknowledgement is perfectly legal. Accordingly, the finding that the suit was within limitation, is unassailable. Thereby, a preliminary decree for redemption was granted giving appropriate time to the mortgagor to deposit the amount in the cour