MODI, J.—These are two connected appeals which arise out of the judgment and decree of the learned District Judge, Jhunjhunu dated the 18th of October, 1960 in a suit for redemption of a mortgage. Appeal No. 125 of 1961 has been filed by the mortgagor Ali Mohammad while Appeal No. 144 of 1961 by the mortgees. I propose to dispose of both these appeals by a single judgment.

2. It is common ground between the parties that the plaintiff Ali Mohammad along with his mother Mst. Laxmi made a mortgage of the two shops in suit in favour of the defendants to secure a loan of Rs. 1565/- by a registered mortgage deed dated 22nd August, 1927 vide Ex. A-3. The mortgage was of a usufructuary character. The plaintiff, therefore, claimed to redeem the shops in suit on payment of the mortgage money amounting to Rs. 1565/-. The defendants resisted the suit. In addition to the mortgage-deed Ex. A-3 they urged that by another document Ex. A-l dated Kati Sudi 9, Smt. 1987 corresponding to some time in November, 1931, the mortgagor and his mother Laxmi had sold the roof (or as it is stated in the document Dagla) on his shops to them. It appears from the document that there was a medi on the top of the sh

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