Amol Rattan Singh, J.

1. This is the second appeal of the defendant in a suit filed by the respondent-plaintiff seeking possession of the suit property, upon redemption of the mortgage stated to have been entered into between the parties to the lis on 23.08.1990. The suit property is stated to be a shop owned by the respondent-plaintiff (hereinafter to be referred to as the plaintiff).

2. The facts, taken from the judgments of the learned Courts below, are that as per the plaintiff, he was the owner of the shop in question which he mortgaged to the defendant with possession thereof, for a consideration of Rs.6500/-, vide a registered mortgage deed dated 23.08.1990 and since then the appellant-defendant (hereinafter to be referred to as the defendant) had continued in possession over the shop as a mortgagee. The original mortgage deed was stated to be in the possession of the defendant.

It was further contended that despite repeated requests from the plaintiff, that the mortgage be redeemed upon him making a payment of Rs.6500/- in favour of the defendant, it had not been redeemed and the mortgaged shop had not been vacated, leading to the institution of the suit on 22.07.200