1. This appeal by the plaintiff is directed against the judgment and decree passed by the Additional District Judge of Shahabad reversing those of the third Additional Subordinate Judge of the same place.

2. The facts relevant for the decision of this appeal may shortly be stated as follows. The plaintiff filed the suit for redemption in respect of 3.93 acres of land situated in village Doma Dehri Tauzi No. 3309 of the Shahabad Collectorate. His case was that he and the defendants third party are the raiyats of this holding. On the 23rd of May 1932 an area of 3 bighas 15 kathas and 17 dhurs out of the entire holding of 3.93 acres was given in usufructuary mortgage by the plaintiff and defendant No. 7 to Ramnandan Gir, father of defendants 2 to 4, and Durga Gir, defendant No. 1. Defendant No. 5 is nephew of defendant No. 1. The properties given in rehan continued to remain in possession of the family of defendants 1 to 5. According to the terms of the rehan bond the rent and other charges in respect of the holding were payable by the rehandars.

Sometime in 1934 the plaintiff came to know that on account of default of the mortgagees the holding had been advertised for sale at