Dave, J.—This is a second appeal by the plaintiff against the judgment and decree of the learned District Judge, Merta, dated 29.5.1957.

2. It arises out of a suit for redemption of immovable property situated at Ladnun.

3. It is now common ground between the parties that one Nanu Ram who is now deceased had mortgaged his share in a house with defendant No. 1 Inder Chand for Rs. 325/- on 14.12.1916. The possession of the mortgaged property was given to the mortgagee on the condition that the mortgagee would credit a fixed amount of Rs. 12/-per year as rent towards the interest. The amount advanced by the mortgagee was to carry interest at 12/- per cent per annum. Plaintiff Mohan Lal purchased equity of redemption from Kheenvraj s/o Nanu Ram and on 18.8.1955 he filed the present suit for redemption of the said property. It was averred by the plaintiff that the mortgagee could receive interest only to the extent of Rs. 325/-since the rule of Damdupat was prevailing at the time when the money was borrowed. It was also alleged by him that a part of the mortgaged property was dilapidated on account of the negligence of the mortgagee and that he was liable to pay damages to the extent of R

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