JUDGMENT - V.S. DESHPANDE, J.:---This is plaintiffs second appeal, Survey Nos. 896/2 and 869 were mortgaged under a registered Mortgage Deed dated 20th March, 1925 for a sum of Rs. 450/- by the then owner of the property. It appears that Survey No. 869 happened to be an Inam land and mortgage thereof was not permissible under the Vat Hukum that was then in force and in view of the illegality involved in this mortgage transaction to the extent to which it affected the Inam land Survey No. 869, State moved in the matter and took over the possession of the said land from the mortgage. The plaintiff purchased the other Survey No. 869/2 at a Court auction on 15-12-1941. As the actual possession of the land was with the defendant the mortgagee, the plaintiff could be said to have purchased only the equity of redemption. He then instituted a suit, out of which the second appeal arises, in the Court of the Third Join Civil Judge, Junior Division, at Kolhapur for redemption. He offered the entire amount of the mortgage money i.e. Rs. 450/-. But however, he claimed redemption of Survey No. 869/2 which alone he happened to be the purchaser. Amongst defences raised by the defendant, one is thi

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