RAGHUBAR DAYAL, J.

( 1 ) TWO plots Nos. 62/1 and 64/3 in village Sahawali, Pargana Rajpura, Tahsil Gunnaur, District budaun, were mortgaged in 1891 with possession. The representatives of the mortgagor applied under Section 12, U. P. Agriculturists Relief Act (No. 27 of 1934) for an order directing that the mortgage be redeemed and that they be put in possession of the mortgaged property. They deposited Rs. 65/- alleging it to be the amount which was due on the mortgage. The representatives of the mortgagee objected to the redemption of the mortgage and the assistant Collector enquired into the matter and held that plot No. 62/1, which corresponded to the theft plot No. 111, had not been mortgaged and that Rs. 65 was the amount due under the mortgage. He ordered redemption of the mortgage with respect to plot No. 64/3, corresponding to the then plot No. 77, payment of the money deposited to the mortgagee and delivery of possession to the mortgagor. On appeal to the District Judge under Section 23, Agriculturists Belief Act, the order of the assistant Collector was maintained. The appellate order was passed on 14-4-1945.

( 2 ) IN May 1949 more than three years after the passing of t

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