Judgment Mahendra Bhushan, J.-This is a defendant’s second appeal arising out of a suit filed by respondent Mst. Gulabi under Order2l, Rule 103. CPC

2. The suit property is situated in village Srinagar, District Ajmer and more fully described in Schedule ‘A’, annexed to the plaint. One Codu was the owner of the suit property. Mst, Gulabi is his widow, and one Ramlal is alleged to be his adopted son. Under the registered mortgage deed dated 13-5-195 8 of the suit property, a usufructuary mortgage was created by Mst. Gulabi and Ramlal in favour of one Chandan Mal for a consideration of Rs. 350/-. Thereafter, Mst. Gulabi was inducted as a tenant by the mortgagee Chandanmal in the suit property. Rainlal, the adopted son of Codu, sold the suit property to Champalal defendant-appellant for a consideration of Rs. 2500/-under the registered sale deed in August. 1959. Out of the sale consideration, a sum of Rupees 400/-was left with the appellant for redemption of the property, which, as stated earlier, had been mortgaged with Chandan Mal. Though the case of the appellant was that he had paid to Chandanmal Rs. 400/-but this payment was disputed and, therefore, the appellant filed a suit for

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