1 S. A. No. 426 of 1974 arose from O. S. No. 772 of 1965 of the Munsiff's Court, Shertallay. That suit was for redemption and recovery of possession of a property outstanding in a mortgage (Ext. P6) dated 12-6-1101. On the date of suit the equity of redemption vested in the tarwad of the plaintiff. The plaintiff, a junior member of the tarwad, instituted the suit alleging that in spite of his request, the karnavan did not do anything for recovery of possession of the property from the mortgagee. The mortgage right was outstanding with defendants 1 to 5. The defendants claimed that the transaction amounted to a kanom and that they were not liable to be evicted. In Second Appeal it was held that Ext. P6 was a mortgage and the suit for redemption was maintainable. The suit was remanded to the Trial Court for disposal according to law. While the Second Appeal was pending the appellant plaintiff died and his personal heirs got themselves impleaded as appellants 2 to 10. The third respondent died and her legal representatives are respondents 11 to 13. The 9th respondent was recorded as the legal representative of the 10th respondent, who also died pending Second Appeal.

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