1. This is an appeal by the plaintiff whose claim to redeem the suit mortgage has been dismissed by both the Courts below. The claim has been dismissed on the ground that the execution of the mortgage-deed is not proved by the plaintiff.

2. The question about the proof of the execution of the mortgage-deed came to be raised in the present litigation in this way. The property in suit originally belonged to Baburao Ganesh Junnarkar, and according to the plaint it was mortgaged by Baburao to Vinayak Malwadkar on 1-6-1897. Baburao on his death, left behind him surviving his widow Laxmi and his daughter Radhabai. Laxmi died in 1918 and Radhabai in 1934. Before her death, Radhabai executed a will on 26-12-1933.

The plaintiff is the legatee under this will in respect of the property in suit. That is how she claims to be the owner of the equity of redemption in respect of the mortgage in suit and wants to redeem that mortgage. On the mortgagees side several transactions have taken place.

The mortgagee Vinayak adopted Ganesh. Ganesh died on 7-4-1934. Vinayak is his son; he is defendant No. 1 to the present suit. Vinayak sold the right, title and interest vesting in him to Dhanraj Ha