(1.) THIS appeal, by defendant No. 1. is directed against an appellate decree affirming the decree of a learned Munsif.
(2.) PLAINTIFF brought a suit for recovery of possession of the land, desert bed in schedule Ka to the plaint, upon declaration that there has been a redemption, by enjoyment of usufruct, of the mortgage, executed by the pro-forma defendant No, 16 in favour of the predecessor-in-interest of the principal defendants Nos. 1 to 15, on. Agrahayan 25, 1343 B. S. (corresponding to the 11th December, 1936 ). The alternative prayer of the plaintiff was for redemption of the said mortgage.
(3.) PLAINTIFF's case was that subsequent to execution of the mortgage by the proforma defendant No. 16, he purchased the self-same property from the said proforma defendant under a conveyance, dated Pons 7, 1355 B. S. (corresponding to the 2nd December, 1948) and in that capacity was entitled to seek for the declaration or claim redemption.