( 1 ) THIS second appeal under sec. 100 of the Code of Civil Procedure involve a short question of law as to whether documents Exs. 38 and 40 relied upon by the present appellants original defendants amount to acknowledgment of subsisting mortgagee rights on the part of the respondent and his father within the meaning of sec. 18 of the Indian Limitation Act 1963 (sec. 1) of the Indian Limitation Act 1908 If these documents are held to amount to valid acknowledgments with a the meaning of aforesaid section of the Limitation Act the appellants are entitled to succeed but not otherwise.

( 2 ) IN order to appreciate the aforesaid controversy between the parties it is necessary to have a glance at certain material facts as are brought out on the record of the case.

( 3 ) IN Dohad town in Panchmahals district is situated an immovable property bearing city survey No. 2810 which was originally an open piece of land over which a hut was constructed later on. The said property was belonging to one Marabkhar Singalkhan. He had mortgaged the said property with possession for Rs. 80. 00in 1896 AD to one Khatijabu widow of Chand Ramzan and since that time the suit property that