( 1 ) THIS Regular First Appeal under section 10 of the Delhi High Court Act, 1966, (herein to be called the Act ) has been filed against the judgment dated 26th March, 1974, passed by a learned Single Judge passing final decree for redemption of the suit property in favour of the respondents.

( 2 ) RELEVANT facts necessary for disposal of the appeal are as under. One Bakshi Mohan Lal Sason, husban of Sarswati Devi, was the owner of property bearing No. 13, Keeling Road, New Delhi. Mohan Lal in his life time created a mortgage in respect of this property in favour of the appellant by deed dated May 31, 1966 in lieu of the sum of Rs. 70,000 that he borrowed from him. The deceased had earlier created two mortgages against the property in favour of two other persons, namely, Smt. Lajya Wati and Malwa Dcvi with which mortgages we arc not concerned in this appeal. Failing to get the property redeemed because of the stand of the appellant that the (Mohan Lal Sason) having not paid the debt within four years from the date of execution of the mortgage deed the transfer made in favour of the appellant had become an absolute sale in his favour, the mortgager filed suit No. 6