S. K. RAY, J.

( 1 ) THIS appeal is by the defendant from the reversing decision of the lower appellate Court in a suit for redemption.

( 2 ) AC. 1. 06 of land situated in Mauza Parbatipur was usufructuarily mortgaged by the plaintiff to the defendant as security for the loan of RS. 800/-advanced by the defendant to the plaintiff. Thus transaction was embodied in a registered mortgage deed dated 1-3-1966. Possession also was delivered to the defendant that very day. This deed contained the stipulation that except in the month of Chaitra of the current year, the mortgagor shall repay the principal amount (Rs. 800/-) and thereupon the mortgagee shall release the mortgaged land and deliver khas possession thereof to the mortgagor. These facts are not in controversy. The plaintiff deposited Rs. 800/- towards the principal money under the mortgage in the Court on 4-4-1967 under Section 83 of the Transfer of Property Act to the account of the defendant mortgagee. The notice issued from the court in pursuance of this deposit under Section 83 was served on the defendant-appellant on 25-5-1967. Despite receipt of such notice, the defendant-mortgagee did not withdraw the amount nor did he r