GOPAL RAO EKBOTE, J.

( 1 ) DEFENDANTS 2, 16 and 17 are the appellants in L. P. A. No. 167 of 1967. 11th defendant is the appellant in L. P. A. No. 48 of 1968. These two appeals are directed against the judgment of our learned brother krisnha Rao,. J. , given in S. A. No. 648 of 1963 on 27th July, 1967, whereby the learned Judge allowed the appeal and decreed the plaintiff s suit. He passed a preliminary decree for redemption and gave six months time to the plaintiff to redeem.

( 2 ) THE relevant facts in order to appreciate the contentions raised before us are that the plaintiff filed the suit for declaration that the suit document Exhibit A-4, dated 19th March, 1935, is a mortgage by conditional sale and permit him to redeem the same. His contention was that defendants r to 4 are mortgagees and the rest of the defendants are the alienees or their heirs. The mortgaged property is the ancestral property of the plaintiff and his deceased father Ramachandrarao. The father on behalf of himself and as the guardian of the plaintiff executed a simple mortgage on 1st March, 1929, in favour of defendants 1 to 3 and one Dhanireddi, the deceased father of the 4th defendant. In 1935, when def

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