Ramaswami, J.

1. The question to be determined in this appeal is whether the pltf. ought to be granted a decree for redemption with respect to an area of 19 bighas & odd located in Mohiudinpore Khasiawan of which the defts. are said to have taken usufructuary mtge.

2. The pltf. brought the suit on the allegation that in Jeth 1320 Fasli Banke Bihari Singh had given the land by an oral ijara for a sum of Rs. 216 to four sets of defts., viz., defts. 1 to 5, defts. 6 to 10, defts. 11 to 14 & defts. 15 to 21. The pltf. alleged that as successor-in-interest of Banke Bihari Singh he repaid the ijara money to the defts. & after redeeming the mtge. obtained possession of the land. There was a subsequent dispute Under Section. 144, Cr. P. C. between the parties & the Subdivisional Mag. issued a warning notice against; the pltf. The pltf. asserted that on 20-8-1941 the defts. dispossessed him from the land illegally. The pltf. therefore asked (1) for

"a declaration that the defts. came in possession by virtue of the ijara of Jeth 1320 fasli & the said ijara was redeemed on 12th Jeth 1348 fasli by the pltf. & the possession of defts. thereafter was illegal, (2) that a decree for posses