1. This appeal under sec. 100 of the Code of Civil Procedure is at the instance of defendant No.3. This appellant who is described as defendant No.3 was not originally joined in the suit but came to be joined in the first appeal and joined by amendment in the suit pending the first appeal.

2. Respondent No.1-original plaintiff filed Regular Civil Suit No. 11 of 1994 for releasing the suit property from conditional sale and for redemption of the mortgage of the suit property.

3. Case of the plaintiff in his suit is to the effect that there was agreement executed between his father and defendant No.1 on 7.1.1994 in respect of the suit property where-under the suit property was given on conditional sale to defendant No.1 for Rs.14,999.00 and as per the terms and conditions of the said agreement, defendant No.1 was given limited rights for 20 years and on payment of the said amount, defendant no.1 was to re-deliver the suit property to the plaintiff. It is further averred that the plaintiff had gone to defendant No.1 for paying the said amount but defendant no.1 refused to take the said amount by stating that since period under the agreement was expiring on 7.1.1994, he was not a