1. The appeal is filed against judgment and decree of R.C.S. No. 159/1987 and also against judgment and decree of R.C.A. No. 818/2000. The suit was filed by present respondent for redemption of mortgage in the Court of Civil Judge, Senior Division, Akole and it is decided in his favour. The decision of the Trial Court is confirmed by the First Appellate Court – District Judge, Sangamner. Both the sides are heard.

2. It is the case of respondent/plaintiff that Survey No. 73 situated at Virgaon, Tahsil Akole, District Ahmednagar, admeasuring 2.26 Hectors belongs to him and it was mortgaged by him to the appellant/defendant by the registered document of mortgage by conditional sale on 27.2.1969. It is contended that plaintiff was in need of money for the marriage of his daughter and so, he mortgaged the land for the consideration of Rs. 5,000/-. It is contended that in the year 1987 he requested the defendant to give back the land by accepting mortgage money, but defendant refused to do so. It is the case of plaintiff that the consideration was taken as loan amount by him and land was given by way of security and so, he is entitled to relief of redemption.

3. The defendant filed