( 1 ) THIS is a defendants appeal in a suit brought under Section 60 of the Transfer of Property Act for redemption of a mortgage dated 14-11-1895.

( 2 ) IT was averred that a mortgage was created by Netra Singh and Mst. Dulari in favour of Hans ram Singh and Hulam Singh for a consideration of Rs. 500/ -. It was a mortgage with possession. Plaintiff Ghanshyam Singh claiming to be an adopted son of Netra Singh brought the suit which has given rise to this appeal on the allegation that the mortgage money had been paid off from the usufruct of the property mortgaged and that he was entitled to redemption without payment of any money. The defendants were the representatives in interest of the original mortgagees. They denied that ghanshyam Singh was the adopted son of Netra Singh and pleaded that the mortgaged property consisted of ex-proprietary tenancy and occupancy tenancy lands; that a mortgage of such land was void in law; that the defendants were in possession as proprietors and not as mortgagees. They further urged that the mortgage money had not been paid out of the usufruct of the mortgaged property.

( 3 ) IT appears that previous to the institution of the present sui