( 1 ) THIS appeal is directed against the judgment and decree of the learned District Judge Mehsana allowing regular Civil Appeal No. 5 of 1965 and setting aside the judgment and decree passed by the learned Civil Judge Junior Division Visnagar in Civil Suit No. 52 of 1962.

( 2 ) THE appellants in the instant case are the original plaintiffs. One Patel Virchand Madheva had mortgaged the suit house to one Joita Punja for Rs. 130/on Posh Sud 9 of Samvat year 1962. On the death of Virchand his daughter Bai Ugari inherited the properties of Virchand. On 15-9-1916 Bai Ugari again mortgaged the suit property with the said mortgagee Joita Punja for Rs. 400/wherein it was agreed that the mortgage would be redeemed after 99 years. The present plaintiffs are the heirs of Devkaran Jiva husband of Bai Ugari. They filed the suit for redemption of the mortgage stating that as they were the debtors under the Bombay Agricultural Debtors Relief Act the debts stood extinguished on account of the failure of the creditor to file an application under the said Act for adjustment of the debt. They therefore prayed for possession of the suit property from the defendants. The defendants filed