KAILASH PRASAD, J.

( 1 ) THIS is a defendants second appeal which arises from a suit for possession. The two Courts below found that Dhari Koeri, ancestor of plaintiffs and Sit Basant were the occupancy tenants of the holding in which the plot in suit was included and they granted an usufructuary mortgage of the plot in suit in favour of Rekha Koeri, predecessor-in-interest of defendants 1st set, in the year 1920. The Courts below, therefore, decreed the plaintiffs claim for possession over the plot in suit on payment of the mortgage money to defendants 1st set within a specified time.

( 2 ) THE present appeal has been filed by one of the successors-in-interest of the original mortgagee. One of the points raised by the appellant is that the mortgage of occupancy holding being void, the position of the defendant-appellant became that of a trespasser and he can be ejected, if at all, only by a suit under Section 180 of the U. P. Tenancy Act in the Revenue Court. The contention has no force. It has been consistently held by this Court that though the mortgage of an occupancy holding is void, yet the position of the mortgagee inducted to the property under the invalid mortgage is not t

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