KAN SINGH, J.

( 1 ) THIS is a defendants appeal and arises under the following circumstances.

( 2 ) THE plaintiff-respondents instituted a suit in the Court of Munsif Pali on 23-121968 for the redemption of the mortgage in respect of a house situated in the town of Pali. According to the plaintiffs, the house was mortgaged with possession in Samvat year 1991 for Rs. 199/- with the defendant. It was stipulated that the mortgagor shall not redeem the house for five years and further the mortgagee could spend any amount upto Rs. 100/- for the maintenance of the house, but for spending any amount in excess of Rs. 100/- prior permission of the mortgagor would be necessary. In the circumstances the redemption of the house was claimed for an amount of Rs. 199/-plus Rs. 100/- as expenses for the maintenance of the house. The defendant denied that the property was mortgaged with him. He claimed that it was his own ancestral property. As regards the mortgage deed it was pleaded that the same was inadmissible for want of registration. The learned munsif framed the following issues:--

"1. Whether the plaintiffs mortgaged with possession the suit house for rs. 199/- in Samvat 1991, Ma