Judgment

GAJENDRAGADKAR, C.J.I.: The appellant Prabhu is the owner of agricultural land bearing Khasra Nos. 224,215, 244, 299, 320, 506,617 and 687 situated in village Milakpur, Tehsil Behror, District Alwar, in the State of Rajasthan. The appellant s father Jora had executed a usufructuary mortgage of the said land in about 1936 for a period of twenty years in favour of one Ganga Din,. After the expiry of the period prescribed by the said mortgage, the appellant obtained a decree for redemption on July 16, 1956. This decree declared that the mortgage and all encumbrances created by the mortgagee or any person claiming under him were extinguished and directed the mortgagee to deliver possession of the mortgaged property to the appellant.

2. It appears that during the continuance of the mortgage, the mortgagee Ganga Din had let out the aforesaid land to respondents 1 to 3 Ramdev. Yadram and Nathu, respectively

3. Meanwhile, on October 15, 1955 the Rajastan Tenancy Act, 1955 (No. 3 of 1955) (hereinafter called the Act ) had come into force. On July 28, 1956, the appellant instituted the present suit for possession of the land in question against the three respondents. This suit was tri