( 1 ) THIS is plaintiffs second appeal from the judgment and decree dated 7-8-1983, delivered by the civil judge, gulbarga, in regular appeal (civil) No. 216 of 1981, which had also been preferred by the plaintiff-appellant, challenging the judgment and decree dated 15-9-1981, delivered by the munsiff, chittapur, in original suit i. e. , o. s. No. 74 of 1978, dismissing the plaintiffs first civil (regular) appeal affirming the judgment and decree of the trial court dismissing the plaintiffs claim in the suit for redemption of mortgage.

( 2 ) THE facts of the case in brief are that the plaintiff appellant filed the suit for redemption of the suit property alleging that his father had mortgaged the property in suit with the 1st defendant-respondent 1, with possession for a mortgage consideration i. e. , loan amount of Rs. 500/-, sometimes in the year 1960, after executing a deed, on a stamp paper with a condition that whenever mortgage amount is paid, the 1st defendant-respondent 1, is to deliver the vacant possession of the suit property, as per terms of mortgage deed. It was provided that defendant 1, would pay the municipal taxes and enjoy the property and there w