This revision petition arises out of the plaintiff non-applicant's suit for redemption of a mortgaged house. The facts are that on 3-4-1931 one Bherulal mortgaged with possession a house belonging to him with Kukaji for Rs.200/- One of the terms of the mortgage was that if the mortgagor failed to redeem the property within eight years of the date of the mortgage, it shall be deemed to have been sold to the mortgagee. Bherulal did not, however, redeem the mortgage within the stipulated period. On 8-4-1939, he, however, executed a sale deed in favour of Kukaji transferring the house to him, the consideration being the mortgage debt and the amount spent by Bherulal on the repairs and improvements to the property. This sale deed was not registered. On 12-4-1939 Bherulal sold the equity of redemption on this mortgage to Basantilal by a registered deed. Thereafter Basantilal instituted on 9-10-1939 the suit giving rise to this petition against the mortgagee for the redemption of the property.

The main plea on which Kukaji resisted the suit was that Bheruial having sold the mortgaged house to him on 8-4-1939, the mortgage was thereafter no longer subsisting and that, therefore, Bher