1. In the suit out of which this appeal arises the plaintiff alleged that he had taken zarpeshgi of certain property from the defendants By a mortgage deed dated 2-2-1944. On the next date the defendants executed a kabuliat taking the property in hunda rent for Rs. 354/6/- for a period of one year. The case of the plaintiff is that the defendants held over as lessees, and the plaintiff has brought a suit for arrears of hunda rent for the years 1357 to 1360 Fasli from the defendants at the rate of Rs. 354/6/- per year. The main contention of the defendants was that as the term of the lease expired, the plaintiff was not entitled to any hunda rent, and the defendants are not holding over as lessees after the ex-piry of the lease. The trial Court decreed the suit. On appeal the lower appellate Court relied upon a decision of this High Court in Bishun Prasad Ram V/s. Anup Narain Singh, AIR 1949 Pat 166 and held that there was no relationship of landlord and tenant between the parties after the expiry of the lease. Consequently, the remedy of the mortgagee under Section 68 of the Transfer of Property Act was by a suit for recovery of the mortgage money and not by a suit for reco