S. BARMAN, J.

( 1 ) DEFENDANT No. 1 (hereinafter referred to as the mortgagee) is the appellant, in this second appeal, from a reversing decision of the learned 1st Additional Subordinate Judge, Cuttack, whereby he set aside a decision of the Additional Munsif of Jajpur, and decreed the plaintiffs' suit in the circumstances hereinafter stated.

( 2 ) PLAINTIFF No. I is a deity called Sri Saleswar Mahadey, plaintiff No. 2 and defendants 2 to 4 are members of a joint Hindu family who are marfatdars of the said deity plaintiff No. 1. Schedule Ka properties, mentioned in the plaint, are stated to be the absolute Debottar properties of the deity plaintiff No. 1-Schedule Kha properties are said to be the ancestral joint family properties of plaintiff No. 2 and defendants 2 to 4.

( 3 ) THE plaintiffs' case, shortly stated, was this : On March, 1948, defendants 2 to 4, by a conditional sale deed (Ext. A), transferred the disputed properties mentioned in Schedule Ka and Kha to defendant No. 1 (appellant herein) by way of mortgage by conditional sale for a consideration of Rs. 300/ -. In 1950, defendants 2 to 4 brought a suit for redemption of the said mortgage being Title Suit No. 309/195