JUDGMENT

SHINGHAL, J. :—This appeal of one of the plaintiffs, by special leave, is directed against the judgment of the Madhya Pradesh High Court dated Feb. 10, 1972 by which the suit for possession of the lands, which the plaintiffs had mortgaged, has been dismissed even though the trial courts decree for redemption has been mentioned. As the matter has come up to this Court for the second time, at the instance of the plaintiffs, it is not necessary to state all the facts for they have been mentioned in this Courts earlier decision in Meharbansingh v. Nareshsingh (1970) 3 SCR 18. It will be sufficient to refer to those facts which bear on the present controversy.

2. The suit lands belonged to Samle Singh, father of appellant Meharban Singh, and Jomdar Singh who executed a registered deed of mortgage in favour of Munshi Singh on May 20, 1939, for Rs. 2242/14/-. It is not disputed before us that it was a usufructuary mortgage of lands within the area of the former Gwalior State. The mortgagors gave a notice to the mortgagee on May 15, 1943, for redemption of the lands but he refused to accept it. The mortgagors filed the suit for redemption on June 15, 1943. As some other persons wer