( 1 ) THE appellants are defendants 1 to 3. Respondents 1 to 5 are the plaintiffs Respondent no. 6 is the 4th defendant. In this judgment, the parties will be referred to with reference to the position assigned to them in the trial Court. Defendants 1 to 3 have preferred this appeal against the judgment and decree dated 31-10-1986 passed by the additional Civil Judge, Hubli in O. S. No. 146 of 1980.

( 2 ) THE trial Court apart from other findings has also recorded a finding that clause 9 of the mortgage deed in so far it enables the mortgagees to continue in possession as tenants even after the redemption of the mortgage is a clog on the right of redemption and as such is not enforceable. The terms of the decree are as follows:"1) The suit of the plaintiff is decreed as under. 2) Preliminary decree be drawn as follows: (1) The plaintiffs are entitled to redeem the suit property mortgaged by them under Exp. l to the defendants 1 to 3 in respect of CTS Nos. 3560/336003601a and 3561 and 3562 (HDMC Nos. 32/1, 32/2,32/3, and 32/4) (2) Defendants 1 to 4 are directed to execute the registered reconveyance deed in favour of the plaintiffs and defendants 1 to 4 are directed to d