J. P. JAIN, J.

( 1 ) THIS is a second appeal by defendant Ramprasad against whom a decree for redemption on payment of Rs. 450/-has been passed by the Munsif Aimer District. Aimer and which has been upheld by the Civil Judge. Aimer

( 2 ) THERE is a pucka Patti Posh shop facing north situate at village Pisangan in the district of Aimer. Deceased Rameshwarlal alleged that the said shop belonged to one Murlidhar son of Shri Hanotram Banear of pisangan and it was martgaged by him with possession with Shri harkaran on Bhadwa Sudi 5. Samwat year 1958 for securing a loan of rs. 450/-% As disclosed by the deceased Rameshwarlal in the plaint, the mortgage amount was not to bear any interest and the mortgage was a usufructuary mortgage. It wag further alleged that Murlidhar died and his son Shrikishan by a registered sale deed dated 28-9-1953 transferred his rights to the plaintiff (deceased Remeshwarlal ). According to the allegation in the plaint, Harkaran mortgagee died and Ramprasad appellant was his legal representative and he had been realising the rent from Heeralal who had been in occupation of the mortgaged shop as a tenant. It was also stated by the plaintiff that defendan