1. Two questions arise in this second appeal (i) Whether by Ex. 53 a mortgage was intended to be created, (ii) whether the defendants as mortgagees are entitled to the value of improvements or to add the amount alleged to be spent for the improvements to the mortgage money.

The plaintiff Hanmappa Sangappa by deed Ex. 53, dated 1-8-1921, which was styled as Mudat Khared Khat created certain rights in land belonging to him in favour of Kenchangouda Ramangouda Patil father of the defendants. The relevant part of the document Ex. 53 is as follows: "I have taken from you a cash amount of Rs. 700/- for the necessity of my family. For this amount I have passed a conditional (Mudat) sale deed for ten years from today in respect of Pot Hissa No. 4 entry No, 112, measuring acres 9-3, assessment Rs. 6-10-0 this whole land called Lakkavan Gadibhola out of patilki Inam land bearing R.S. No. 66 which is of my ownership and in my Wahiwat situate in the village of Halerolli, Taluka Bagewadi, District Bijapur and have given it into your possession today only.

"As you are my bhauband I have given this Patilki Vatani Inam (land) together with all kinds of trees therein, into your possession.