( 1 ) THE vital and substantial question as to whether the stipulation incorporated in the mortgage deed for the postponement of redemption for spell of 99 years conjoint with the right enabling the mortgage to rebuild or make the superstructure from the foundation for his use and convenience on the mortgaged property and then to be entitled to be reimbursed at the time of redemption would tantamount to a CLOG on the Equity of Redemption has again surfaced in this appeal alongwith incidental and attendant some other questions. In order to determine and adjudicate upon the questions in the focus it would be expedient to set out and have a close look into the factual scenario at the threshold.

( 2 ) THE disputed transaction of mortgage came to be executed on lunar date 9th of Chaitra Sud S. Y. 1999 (Monday) corresponding English date 13/05/1943 in favour of the creditor one Shri Ghanchi Osman Ismail (original mortgagee) by the debtor one Shri Gosai Dayalgarji Laxmangarji administrator of one Math known as Gosai Ghanshyamgarji Nirmalgarji of the city of Mandvi (original Mortagagor) in respect of one property situated out side Bhujwala Naka on public road leading to Mota