1. This Second Appeal is directed against the judgment and decree dated 22nd January, 1991 of 4th Additional District Judge, Sangli in Regular Civil Appeal No.181 of 1986, which was preferred against the judgment and decree dated 28th October, 1985 passed by the 2nd Jt. Civil Judge, Junior Division, Sangli in Regular Civil Suit No. 428 of 1982.

2. The said suit was filed by the original Respondent, Shankar Krishna Bhagat-Patil, for redemption of mortgage and for getting possession of the suit premises. It was his case that he was in need of money and the Appellant offered to pay him the amount of Rs.1500/-, he executed the mortgage by conditional sale of the suit premises in favour of the Appellant on 24th December, 1973. The mortgage was to be redeemed after the expiry of five years therefrom and the possession was to be taken back by the Respondent. Accordingly, after the expiry of five years, the Respondent demanded the possession and redemption of the mortgage. The Appellant, however, avoided to do so. Hence, the Respondent issued a notice to him on 11th August, 1982, which was served on the Appellant on 12th August, 1982. The Appellant failed to comply therewith or ev