Wanchoo, C.J.—This is a second appeal by Mardan Ali and others against the decree of the Additional District and Sessions Judge No. 2 Jodhpur.

2. The appellants were plaintiffs in a suit for redemption brought by them against Bastimal and Bastiram. The case put forward in the plaint on their behalf was this.

3. They were owners of a shop in Rangrej Bazar in the town of Pali. They mortgaged it in Smt. 1973 with Bastiram defendant for Rs. 300/-through a registered deed and handed over the title deeds to Bastiram. After the mortgage, Bastiram spent Rs. 30/-over repairs, and the plaintiffs admitted that they had to pay that amount also. They went on to say that Bastiram assigned his mortgagee rights to Hazari-mal sometime afterwards. On the death of Hazarimal, these mortgagee rights came to his son-in-law Bastimal defendant by gift, and consequently he was also made a party to the suit. The plaintiffs prayed for redemption of the mortgage property on payment of Rs. 330/-.

4. Defendant Bastiram admitted the claim and said that as possession was with Bastimal, decree should be passed against him and not against Bastiram. The suit was however resisted by Bastimal. His case was that he had n

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