Judgment

HIDAYATULLAH, J.: This is an appeal by special leave against an order passed by the Allahabad High Court in Civil Revision No. 1077 of 1957 dated October 9, 1961 in a suit in which a decree for redemption on an application under S. 12 of the U. P. Agriculturists Relief Act has been passed. The appellants are the successors-in-interest of one Suleman who was the original mortgagee. The original respondent in this appeal Sat Narain was the successor-in-interest of one Jantari who was the original mortgagor. Subsequently, Sat Narain sold his interest to others who have been ordered by us to be joined as respondents under O. 22, R. 10 of the Code of Civil Procedure on their application in this behalf (C. M. P. No. 2081 of 1965). The land in dispute measures 5 bighas and 3 bighas (Khata No. 2 situate in Bhagwatipura, pargana Kewai, district Allahabad) and consists of 5 plots Nos. 26, 27, 29, 30 and 32. Jantari had mortgaged the said land with Suleman on October 4, 1929 and the mortgage, now it is admitted, was usfructuary in nature. It is also admitted not that the land was Sir Sankalap of Jantari.

2. On May 27, 1952, Sat Narain filed an application under S. 12 of the U. P. Agri