G. K. MISRA, C. J.

( 1 ) PLAINTIFF's (Opp. Party No. 1's) suit is for redemption. It was filed on 31st of august, 1970. Plaintiff's case is that defendant No. 2 (Opp. Party No. 2) executed a registered possessory mortgage bond in favour of defendant No. 1 (Petitioner) in respect of the disputed property for a consideration of Rs. 280/- on 13-5-1965 and handed over possession of the same to defendant No. 1. The first defendant filed a written statement alleging in paragraph 4 that the disputed property was never delivered by defendant No. 2 to defendant No. 1 on the date of the mortgage and that defendant No. 2 is in possession even till now. His further case was that defendant No. 2 entered into an agreement for sale with him and took advance of Rs. 780/- in two instalments. On 12-10-1972 two petitions were filed by the first defendant for amendment of the written statement. He alleged that there was an agreement for sale executed by defendant No. 2 in favour of defendant No. 1 on 20th of May, 1966. No possession was given to the first defendant by the second defendant under the mortgage deed though It was a possessory mortgage. Possession was given by defendant No. 2 to defendant