( 1 ) THE appellants who were plaintiffs in OS. 21 of 1969 On the file of the munsiff, Bidar, instituted the said suit for redemption of a mortgage executed by Saiduddin alias Saidan Saheb on 7-6-1951 for Rs. 2,500 (OS) in favour of the defendant mortgaging a house belonging to him, as his heirs. It would appear that the mortgagor Saiduddin had also executed a sale deed dt. 6-11-1952 in favour of the defendant purporting to convey his right, title and interest in the said house. The plaintiffs pleaded in the course of the plaint that the sale deed in question was a nominal one and the parties to it did not intend that it should be an effective instrument, they, therefore, pleaded that they were entitled to redeem the mortgage d/. 7-6-1951 notwithstanding the alleged nominal sale deed d/6-11-1952. The defendant contended, among other pleas, that the suit for redemption was not maintainable since the mortgagor had parted with his right, title and interest in the property under the sale deed d/6-11-1952.

( 2 ) ONE of the issues framed by the trial Court in the suit was "whether the the present suit for redemption of the mortgage d/7-6-1951 is maintainable without getting the sale deed

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