This is a petition under Article 226 of the Constitution arising out of proceeings under the U. P. Consolidation of Holdings Act. It raises a question of limitation.

The dispute relates to plots nos. 30/1, 34 and 36. These plots were the fixed rate tenancy of the predecessors-in-interest of the petitioners. They mortgaged the plots with the ancestors of the contesting respondents. Plots nos. 30/1 and 34 were mortgaged in the year 1876 while plot no. 36 was mortgaged in the year 1894. These plots were recorded in the name of the petitioners as Bhumidhars in the basic year and the contesting respondents were recorded as Assamis of the same. On the publication of the records under Section 9 of the U. P. Consolidation of Holdings Act the contesting respondents filed an objection claiming Bhumidhari and Sirdari rights over the plots in dispute, Their case was that the interest of the mortgagors in the plots nos. 30/1 and 34 had been extinguished by lapse of time as no suit for redemption has been filed within a period of 60 years of the date of the mortgage. Thus the mortgagors interest in the land had come to an end in the year 1936 and the contesting respondents bein