Mr. Ameer Ali:—

The suits which have given rise to this consolidated appeal from three decrees of the High Court at Allahabad relate to a property called Mouza Khilchipur lying in the district of Rae Bareilly in the United Provinces of India.

The Mouza is now in the possession of the defendant-appellant under a usufructuary mortgage executed in 1871, in favour of his ancestor Madho Ram by two Hindu ladies, Rukmin and Nimma, and one Dal Chand. Other titles were created subsequently in favour of Madho Ram or his son Darbari Lal, to some of which reference will be made in the course of this judgment. But the plaintiffs' claim to possession depends principally on their right to redeem the mortgage of 1871.

Mouza Khilchipur belonged originally to one Kundan Lal. He died many years ago, leaving two sons Mihin Lal and Sham Lal, who, it is not disputed, were joint in food and estate. Mihin Lal died in 1853, and Sham Lal in 1859, leaving his widow Nimma and a nephew named Lila Dhar, Mihin Lal's son. On Sham Lal's death, the whole property devolved on Lila Dhar. Lila Dhar died in 1861, when Rukmin, his widow, became the owner, taking a widow's estate under Hindu law. But although Rukmin as the