JUDGMENT

1/ This second appeal under Section 100 of the Code of Civil

Procedure, 1908 (in short CPC) preferred by the appellant/plaintiff challenging the concurrent judgments of the two courts below. Trial court vide judgment and decree dated 26.9.2008 had dismissed the civil suit No. 5A/2002 filed by appellant/plaintiff and the first appellate court vide the judgment dated 22.12.2009 by dismissing the regular civil appeal no. 19A/2008 has affirmed the judgment and decree passed by the trial court.

2/ Brief facts of the case are that the appellant/plaintiff filed a civil suit for decree of redemption of mortgage and also possession of the suit land bearing survey No. 37/1 area 6.62 acres situated at village Pansemal by stating that father of appellant late Shivnarayan had mortgaged the suit land on 17.3.1969 with Janaki Devi mother of respondent for the period of five years, through a document titled as 'Shartiya Farokhtnama'. After five years when appellant tried to redeem the mortgage, the respondent did not give any response. Hence the appellant on 11.3.2002 served a notice to respondent to inform him that he should accept the remaining consideration of Rs. 11,000/- and handed over