MODI, J.

( 1 ) THIS is a Letters Patent Appeal by the defendant Ambalal against the judgment of a learned. single Judge dated the 16th February, 1954, affirming a decree of the district Judge, Udaipur, for redemption of a mortgage.

( 2 ) THE facts leading up to this appeal may be shortly stated as follows. The plaintiff-respondent Ambalals grand-father gave a possessory mortgage of the suit shop to the defendant-appellant for Rs. 569/-on Asad Vadi 10, Smt. 1975. The original mortgagor took a further loan of Rs. 55/ against the security of this very property. On the death of the latter, his son Badarmal, brought a suit to redeem this property, and obtained a decree which was upheld by the highest court in the former Udaipur State, namely, Mehdrai Sabha, on the 28th February, 1933. By this decree it was declared on the strength of an award by an arbitrator to whom the matter was referred by common consent of the parties that Badarmal do obtain possession of the suit shop oh payment of a sum of Rs. 1375/ -. It should be noted that no time was fixed for the payment of the decretal amount nor was it mentioned in the decree that the plaintiff mortgagor would be debarred from hi