A. L. Vaidya, J.—One Shri Kanhya Ram, predecessor-in-interest of the respondents filed a suit for declaration that the plaintiff and pro forma defendants have become owners in possession of the suit land as described in the plaint on the ground that the suit land was mortgaged with the predecessor-in-interest of the plaintiff and proforma defendants for more than forty years ago and by means of efflux of time, the right to redeem enjoyed by the defendants mortgagors has been extinguished. The case of the plaintiffs as pleaded had been that plaintiffs and proforma defendants were in actual physical possession of the suit land and defendant Smt. Devku was the last mortgagor of the said land. It was further pleaded by the plaintiffs that the defendants by undue influence and by fraud got a gift deed in respect of the mortgaged land and upon the strength of that void gift deed they applied to the Assistant Collector, Kandaghat under section 4 of the Redemption of the Mortgage Act and got a redemption order on 23-1-1978 whereby the learned Collector ordered the redemption of the suit land and delivery of its possession to the defendants. Plaintiffs also averred that the order o