( 1 ) THIS appeal is directed against the decree passed by the learned District Judge Mehsana in civil appeal No. 187 of 1966 by which he confirmed the decree passed by the Civil Judge Junior Division Vijapur in civil suit No. 34 of 1962. The facts of the above suit were in brief as under :- Barot Kedarji Sanklaji and his brother Barot Mohanji had mortgaged the fields described in the plaint to Umed Jividas and his brother Shivram by executing a mortgage deed in their favour on 3-6-1925. Shivram Jividas sold his rights in the mortgaged properties to his brother Umed on 17-649. As the mortgage was with possession Umed Jividas was in possession of all the fields from 17-6-1949. Defendant No. 1 Chhabaji Mohanji who is the son of Mohanji Sanklaji filed an application for the adjustment of debts and redemption of mortgage under the provisions of the Bombay Agricultural Debtors Relief Act (hereinafter referred to as the Act ). Deceased Umed Jividas and his heirs had also filed applications under the above Act for the adjustment of debt and possession of a share in the fields. During the pendency of the above applications defendant No. 6 who is the son of Barot Kedarji Sankl