T. R. Handa, J.—The defendant is in appeal before this Court against the judgment of the District Judge affirming that of the Subordinate Judge and granting the plaintiff a preliminary decree for possession by redemption of the land in suit on payment of Rs. 3,250, being the mortgage amount. The plaintiff Smt. Kesri Devi died during the pendency of this appeal and the present respondents, being her daughters and son were brought on the record as her legal representatives.

2. Smt. Kesri Devi, the deceased plaintiff, brought a simple suit for possession of the land detailed below by redemption on the plea that the defendant inspite of a registered notice dated 18-12-1970 served on him on 28-12-1970 requiring him to receive the mortgage amount of Rs. 3,250 within 15 days from the receipt of notice and to redeem the land, hid failed to respond to that notice. The particulars of the mortgage sought to be redeemed as given in the plaint are as follows :—

1. Date of mortgage : 14-4-1961

2. Name of the Mortgagor: Smt. Kesri Devi plaintiff

3. Name of the Mortgagee: Shri Sita Rasa defendant

4. Sum secured : Rs. 3,250 Property subject to mortgage. : Land measuring 25 bighas 6 biswas