SATISH CHANDRA, J. :- Munewwar Ali the sir-holder of plot No. 388 executed a usufructuary mortgage thereof on 31st July, 1884, in favour of Smt. Mona the predecessor-in-interest of the appellants before us. In 1944 the successors of the original mortgagor instituted an application under Section 12 of the Agriculturists' Relief Act against sons of Ram Narain who represented a half share in the mortgagee's interest. Malik the present appellant No. 4 was not impleaded as a party with the result that a half share in the mortgaged property was unrepresented in the suit. The suit was decreed on 1-2-1945 for redemption of half share of the mortgaged property on payment of Rs. 24 within six months. The plaintiff-mortgagors did not, however, pay this amount.

2. On 26th November, 1947, the mortgagors executed a deed of gift of a share of the plot in dispute in favour of Aley Hasan the father of respondent No. 1. A few days later, on 2nd December, 1947, the mortgagors executed a sale deed in favour of Aley Hasan for the balance share in the mortgaged plot in dispute.

3. In 1951 Aley Hasan instituted a suit for redemption and possession of this plot. The suit was decreed by the trial Co