( 1 ) THIS is a revision against the order of the Additional District Judge, Jodhpur, refusing to reverse the order of the Sub-Judge, Jodbpur, dated 6th November 1948.

( 2 ) THE facts which gave rise to this revision are that the ancestors of one kushal Raj mortgaged certain house property to the ancestors of Shivnath Mal on 14th December 1850 for a sum of Rs. 1431 (Bijeshahi ). After the expiry of 80 years which is said to be the period of redemption of mortgage in Marwar, sardar Mal the non applicant died a suit for possession of the said property by pre-emption while the said Suit was still pending. Kushal Raj effected a second mortgage of the said property on 22nd October 1936 in favour of Dr. Niranjan nath for a sum of Rs. 225 with authority to pay up the first mortgage and the value of improvements and interest thereon, which were mentioned to be Rs. 6500. The suit for pre-emption was dismissed on the ground that the first mortgage was a subsisting one.

( 3 ) SARDARMAL thereafter purchased the equity of redemption from Kushal Raj on 24th May 1944 and instituted a suit for redemption on 3rd August 1944 against shivnath Mal, his two sons Jethmal, Meghraj and his grand