JUDGMENT:- The suit was filed by the first respondent for the redemption of a usufructuary mortgage dated 10-6-1871. The period of redemption prescribed under this document is 240 years. The present suit was filed in 1969 after expiry of a period of 98 years. The plaintiff's case was that the period of 240 years prescribed under the document is a clog on redemption. In the plaint he pleaded that the suit was within time on the ground that there was an acknowledgment of liability under Ex. A-1 of the year 1946 and later by payment of kist in respect of the suit property in the name of the mortgagor. But at the hearing, the plaintiff was not able to rely on any acknowledgment of liability. But it was contended that until the court in this suit relieves the mortgagor of the clog in the mortgage document it could not be said that the right to redeem or recover possession had accrued and the period of redemption had commenced It is this contention that was accepted by the courts below. The courts below held that the period of 240 years fixed under the document was a clog on redemption; but the suit was within time.

2. The learned counsel for the appellant in this case challenged