( 1 ) THE main question in the two appeals relates to the impact of the provisions of the Estates Abolition Act (Act XXVI of 1948-hereinafter referred to as the Act) on the right of the plaintiffs to maintain the suits for redemption and possession.

( 2 ) THE facts lie in a small compass. The plaintiffs in O. S. Nos. 529 and 530 of 1949 are the same. The father of defendants 3 and 4 in O. S. No. 529 of 1949 (D. M. C. Vizianagaram) executed a usufructuary mortgage bond in respect of 50 cents of land in favour of defendants 1 and 2. The plaintiffs father purchased the equity of redemption by a sale-deed dated 21st February, 1920 from defendants 3 and 4 and their father. The father of defendants 5 and 6 in O. S. No. 530 of 1949 (who are defendants 3 and 4 in O. S. No. 529 of 1949) mortgaged an extent of 2 acres in favour of defendants 1 to 4. The plaintiff s father took an assignment of the equity of redemption of this mortgage also. Both the suits were filed for redemption and for possession of the mortgaged properties. The defendants inter alia contended that the documents executed in favour of the plaintiffs assignors were not mortgages but only leases and, theref