JUDGMENT :

Rajeev Kumar Shrivastava, J.

1. This second appeal has been filed under Section 100 of CPC against the impugned judgment and decree dated 03.08.2001 passed by Ninth Additional District Judge, Gwalior in Civil Appeal No. 77A/1999, which was filed challenging the judgment and decree dated 12.10.1999 passed by Eleventh Civil Judge Class-2, Gwalior in Civil Suit No. 180A/1994.

2. The facts of the case in brief are that the deceased Keshavrao Jadhav (whose legal representatives are the present appellants) filed a suit for redemption of the suit property against the defendants-respondents alleging that the suit house No. 5/270, new number is 29/275 situated at Sheikh Ki Bagiya, Nai Sadak, Lashkar, Gwalior, was purchased by the plaintiff from Ghassa S/o. Mangal on 14.11.1956 and after purchasing the property, the plaintiff got his name mutated in the record of Municipal Corporation, Gwalior. The plaintiff alleged that he mortgaged the suit house for his personal need with Mahant Keshavdas, who was the Guru of defendant No. 1-Mahant Kamaldas for Rs. 4000/- on 30.11.1961 and executed a conditional sale deed mentioning the fact that the plaintiff will be entitled to redeem the proper