Sheo Bux brought a suit against Bhura and Gorkha sons of Sugan on 4.6.49 in the Court of the Nazim (Assistant Collector) Hindaun with the allegations that Hakku brother of the plaintiff mortgaged the land in dispute (khasra Nos. 422, 423 and 424 measuring 4 bighas 3 biswas Barani in village Minagavda) in lieu of Rs. 80/-on Jeth Sudi 10, Svt. 1990 in favour of Sugan deceased father of the defendants. It was further alleged in the plaint that the defendants were requested to rede m the land on numerous occasions but they refused to comply with this request. The defendants denied almost every allegation of the plaint including the factum of the mortgage itself and the relationship between Hakku and the plaintiff. The trial court framed the following issues :—

(1) Whether Hakku mortgaged the land in dispute with the father of the defendants for Rs. 80/- in Svt. 1990 ? If so in what form and for what period was the mortgage effected?

(2) Whether the plaintiff is entitled to redeem the land?

(3) To what relief is the plaintiff entitled?

The trial court without examining the evidence led by the parties on these issues or recording any findi