Nagendra Prasad Singh, J.

1. The petitioners in this writ application have questioned the authority of the respondent Deputy Collector Land Reforms to direct the petitioners to deliver possession of the land, which had been in their possession as mortgagees thereof, to respondent no.3, who claims that he is entitled to recover possession of the same as mortgagor thereof, in accordance with the provisions of section 12 of the Bihar Money-Lenders act, 1974 (hereinafter to be referred to as the Money-Lenders Act ).

2. It appears that one Dahu Kanu executed a usufructuary mortgage on 31.5.1920 in favour of petitioner no.1 and father of petitioner nos.2 and 3 mortgaging 15 kathas 5 dhurs of land for an advance of Rs.200. The period for which the land was to remain under mortgage was 9 years, i. e. Dahu Kanu after paying the mortgage money could have redeemed the said mortgage sometime in the year 1929. A copy of that mortgage-deed is annexurc-1 to the writ application. However, neither the mortgage money was paid for any step for redemption was taken by said Dahu Kanu. On 14.11.1975, respondent no.3, claiming to be an heir of the aforesaid mortgagor, filed an application under s