BIND BASNI PRASAD, J.:- This is a mortgagors petition in revision from the judgment, dated 15th May 1948, passed by the learned District Judge of Gorakhpur upholding the judgment dated 15th April 1946, given by the learned Sub-divisional Officer of Deoria. It arises out of proceedings under S.12, U.P. Agriculturists Relief Act. The relevant facts are as follows :

On Jeth Sudi 15, 1881 A.D. a usufructuary mortgage in respect of an agricultural plot was made by the applicants ancestors to the opposite parties predecessors. On 1st March 1944, that is to say, more than sixty years after the date of the mortgage, the application for redemption was filed. The applicant contended that in the year 1911, there was an acknowledgment of the mortgage and so the case was saved from the operation of the bar of limitation. It was further contended that according to the provisions of S.9, U.P. Debt Redemption Act, 1940, there was a fresh start of limitation when that Act came into force, viz., on 1st January 1941. The trial Court held that the case was barred by limitation and learned District Judge upheld that order. The mortgagor, therefore, comes in revision.

2. The first question is whe