( 1 ) THIS is a plaintiffs application in revision arising out of proceedings under Section 12, U. P. Agriculturists Relief Act (27 of 1934) read with Section 9, U. P. Debt Redemption Act (13 of 1940 ). The predecessors-n-interest of the applicant executed a usufructuary mortgage, which was sought to be redeemed in the present case, in the year 1855. One of the terms of the mortgage was that the profits were to be taken in lieu of interest. It was not a self-liquidating mortgage. The application under Section 12, u. P. Agriculturists Relief Act read with Section 9 of the debt Redempion Act was filed in the year 1946 and it was claimed that the entire mortgage, money had been paid up by the usufruct, calculating the same in accordance with the provisions of Section 9, U. P. Debt Redemption Act.

( 2 ) THE trial Court allowed the application and passed a decree in favour of the applicants holding that the entire mortgage money had been paid up by the usufruct. In appeal it was held that the application was barred by time and consequently it was dismissed. In this application in revision the only point for consideration is whether the application of the applicants under Section 12, U.

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