1. The proprietor of the land in question mortgaged it with possession to one Davappa Kamti in 1832. The plaintiffs, as the assignees of the equity of redemption, discharged the mortgage-debt and redeemed the mortgage in 1894. It is alleged in the plaint that the defendants have been holding the land as tenants from year to year under the usufructuary mortgagee, that the tenancy has been terminated by due notice to quit given by the plaintiffs and the suit is accordingly brought to eject them from the land. The defendants contend that the land was given to their assignors by the proprietor, apparently in conjunction with the mortgagee, on a permanent lease, that out of the total annual rent of Rs. 130-14-9 they have been paying Government assessment and the balance of Rs. 60 to the mortgagee and that subsequent to the redemption of the mortgage by the plaintiffs, they remitted the said sum of Rs. 60 by postal money order to the plaintiffs who refused to accept the same. They also confined that plaintiffs suit to eject them is barred by the law of limitation.

2. (sic)as alleged by the plaintiffs, the defendants came into possession of the land as tenants under the mortgagee,