This second appeal has been filed against the appellate decree to the Additional Commissioner, Jaipur dated 2.12.57 confirming the decree of the trial court in as much as it related to redemption of mortgage over the land in dispute but modifying it as regards the payment of mortgage money. The trial court had ordered redemption without payment of any mortgage money. The first appellate court made it conditional upon payment of Rs. 90/- which was alleged to be the consideration for the mortgage.

2. We have heard learned counsel for the parties and have examined the record as well. The propriety of the concurrent decisions of the lower courts has been assailed before us mainly on the ground that the respondent had failed to prove the creation of a mortgage and hence the lower courts should not have ordered redemption. In other words, no question of law or usage having the force of law has been alleged to be involved in this second appeal before us. The contention raised by the appellants counsel centres round the fact that the findings of the lower courts are not justified by the evidence on record and that they have been based on inadequate evidence. Ordinarily such a contention des

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