( 1 ) THIS second appeal arises from a suit for redemption and, in the alternative, for specific performance of a contract of reconveyance.

( 2 ) BY a deed of sale dated September 4, 1961, (Ex. P-l ). Nanhelal (Plaintiff No. 2)purported to have sold two houses for Rs. 3,000/- to Amirchand (defendant No. 1 ). Possession was given to Amirchand. That sale-deed contained an agreement of reconveyance within three years on payment of Rs. 3,000/ -.

( 3 ) NANHELAL gave two notices to Amirchand to redeem and reconvey the suit houses to him. Jugal Kishore (defendant No. 2) is tenant of Amirchand. On september 2. 1964, Nanhelal sold the suit houses to Devidas (plaintiff No. 1) for rs. 5,000/ -.

( 4 ) THE suit was Instituted on September 3, 1964, by Devidas and Nanhelal.

( 5 ) AMIRCHAND resisted the suit. The trial Court held that the transaction of september 4. 1961, amounted to a usufructuary mortgage with a condition of sale. It was not a sale out and out, Nanhelal sent a notice dated August 25, 1964, by registered post and also a telegraphic notice dated August 31, 1965, requiring amirchand to accept Rs. 3,000/-and reconvey the suit property. Devidas deposited the amount of