It appears that a zamindari share including Sir and khudkasht plots was usufructuarily mortgaged. The mortgagee continued in possession even after the date of voting. Subsequently the mortgagor, who had become a bhumidhar, filed a suit under Section 209 of the U. P. Zamindari Abolition and Land Reforms Act for the ejectment of the mortgagee from the bhumidhari plots, which, prior to the date of vesting, were sir and khudkasht. The defence, inter alia, was that the suit was barred by time, because the defendants were in possession after the date of vesting, as trespassers, and the period of limitation commenced to run from the date of vesting. The plaintiffs case was that the retention of possession by the mortgagee was, after the date of vesting, permissive. The time will begin to run from the date of demand for possession, if any otherwise from the date of the institution of the suit. The suit was within time.

2. The suit was under Section 209 of the U. P. Zamindari Abolition and Land Reforms Act, which reads :-

"209. Ejectment of persons occupying land without title :-

(1) A person taking or retaining possession of land otherwise than in accordance with the provi