JUDGMENT :

The appeal under section 100, Civil Procedure Code is at the instance of appellant-defendant preferred against the judgment and decree dated 2-9-2002 passed by III Additional District Judge, Gwalior in Civil Appeal No. 05/2001 whereby lower Appellate Court reversed the judgment and decree dated 4-12-2000 passed by the VIII Civil Judge, Class-I, Gwalior in Civil Suit No. 162-A/1998. The trial Court dismissed the suit preferred by the plaintiffs/ respondents and thereafter, the Appellate Court allowed the appeal preferred by the plaintiffs and suit was decreed therefore, appellant/defendant has preferred the instant appeal.

2. Precisely stated facts of the case for adjudication are that a suit for declaration and for redemption of mortgage was preferred by the plaintiff Keshar Bai w/o Mangal Singh as plaintiff No. 1 and Chandan Singh as plaintiff No. 2 against the defendant (present appellant) with the submission that husband of plaintiff No. 1 Mangal Singh has purchased the suit house with consideration of Rs.3,000/- at Medai Maholla Gwalior vide registered sale deed dated 5-8-1959. After the death of Mangal Singh-plaintiff No. 1 being wife and plaintiff No. 2 being son bec