( 1 ) THIS Second Appeal arises from the judgment and decree dt. 13-7-1984 passed by the Additional Civil Judge, Shimoga, in Regular Appeal No. 43/1979 whereby the first Appellate Court allowed the defendants' 1st appeal and set aside the judgment and decree dt. 31-1-1979 passed by Prncipal Munsif in regular suit No. 55/74 and dismissed the plaintiff's suit for redemption.

( 2 ) ). The facts of the case in the nut-shell are that, the abovementioned plaintiff-appellants filed the suit for redemption of mortgage with allegations to the effect that suit scheduled property which was described in the plaint schedule originally belongs to the plaintiffs' father Siddappa who had executed a deed of mortgage on 25-7-1951 Ex. P-3 in favour of the defendant-respondent for a sum of Rs. 2,000-00 only with a condition that Siddappa, father of the plaintiffs since deceased, was to make payment of the amount of Rs. 2,000-00 borrowed from the defendant respondent, within six months from the date of deed and the defendant-respondent would be bound to reconvey suit property in favour of Siddappa, the execution of the deed. According to the plaintiffs' case, after Siddappa had sold th