Sarwar Ali, A.C.J.

This application in revision is directed against an order of the learned Munsif 2nd Court, Sasaram, where in it has been held that the suit being mortgage suit no. 229/66 has not abated under the provisions of section 4(1)(c) of the Bihar consolidation of Holdings and Prevention of Fragmentation Act, 1956 (here in after referred to as the ‘Act’. The plaintiffs opposite party brought a suit for redemption of lands mortgaged to the defendants, the same being mentioned in schedules C. and D. of the plaint. In the plaint it was stated that schedule Chad been mortgaged under a registered deed dated 13.6.1936 and schedule D lands under oral mortgage. The plaintiffs stated that the amount of mortgage was tendered but the same not having been accepted the amount has been deposited in the court and the suit has been instituted for redemption of the mortgage and for recovery of possession and mesne profits. It may be stated here that the relief regarding the recovery of possession and mesne profits are ancillary reliefs and the main relief is the relief of redemption.

2. The defence of the defendants was that the plaintiffs are strangers to the family of the origin