1. In the suit out of which this appeal arises the plaintiff alleged that 3.60 acres of land recorded under khatas 175 and 176 of village Kadwa was the occupancy kasht land of Brahamdeo Singh and his brothers Judgaldeo and Radha Mohan. It appears that Braharhdeo Singh gave a usufructuary mortgage of the land as karta of the joint family for a sum of Rs. 1000.00 for certain legal necessities to the plaintiff (sic). Later on there was a decree of the Central Co-operative Bank with regard to certain lands of Brahamdeo and his brothers, and in execution of the decree the Central Co-operative Bank purchased the property on the 4th May 1927, and obtained dakhaldehani. Thereafter Brahamdeo and his brothers parchased part of the lands hack from the Central Co-operative Bank. Certain other portions of the land purchased by the Central Co-operative Bank were sold to Bhrigun Singly including the mortgaged land in the present suit. The plaintiff purchased the entire area from Bhrigun Singh on the 16th April 1946 and came in possession. In Jeth 1353 Fasli, the plaintiff tendered the mortgage amount to the defendant, but the defendant refused to accept and there was a deposit of the amou