AGARWALA, J.

( 1 ) THE applicants in the above civil revision and the appellants in the connected Execution second Appeal were the plaintiffs in a proceeding under Section 12, U. P. Agriculturists Relief act.

( 2 ) THE property in dispute was a half share in Khewat No. 16 of village Sultanpur Baragaon. This khewat was owned by Gopimal, defendant-opposite party, to the extent of one half and by two other persons Bharosa Mal and Ram Swarup Mal who owned tbe other half. All these three co sharers had joint Sir and Khudkasht plots in the Khewat. On 14-6-1928, Bharosa Mal and Ram swarup Mal executed a usufructuary mortgage of their half share in the Khewat in favour of their co sharer Gopi Mal. The mortgagors put Gopi Mal in possession of the mortgaged property including all those joint Sir and Khudkasht plots which were by mutual arrangement in their exclusive possession and did not retain or claim possession by virtue of ex-proprietary rights that accrued to them upon the execution of the mortgage and transfer of possession over the proprietary rights. On 10-3-1937, the rights of the mortgagors were sold at auction in execution of a simple money decree against them and were purchased