However, when the matter was heard in this Court, Mr. V section Desai, learned counsel appearing for the respondent mortgagee urged the following acts as having been done by the mortgagee in furtherance of the contract which would constitute part performance; (a) payment of Rs. 1,000 as agreed to under the contract for purchase of stamps for drawing up and registering the sale deed; (b) discharge of a debt of Rs. 541 which was included in the amount of Rs. 17,735 retained by the mortgagee from the total consideration payable for discharging other debts; (c) mortgagee agreed to discharge the mortgage subsisting on the property in his favour on settlement of accounts; 198 (d) all dues owed by the mortgagor to the mortgagee may have to be taken as cleared on completion of the (e) nature and character of possession changed as recited in the contract; A few more circumstances were relied upon to show that the mortgagee was willing to perform his part of the contract and the omissions pointed out are not fatal to his case.