JUDGMENT

Mears, C.J. - This is an appeal by the plaintiff u/s 10, Letters Patent Act, and arises out of a suit for redemption of a mortgage which was created under a registered instrument dated 30th December 1895.

2. Sheobalak, Sheoratan, Ranjit Ram and Bhagwati Prasad were members of a joint Hindu family and owned a zamindari share consisting of 1 anna 15 gandas in mauza Tingrahi. This zamindari share included certain sir plots having an area of 6 bighas 16 biswas. On 20th July 1867 Sheobalak and Sheoratan made a usufructuary mortgage of the zamindari share referred to above (but not the sir lands appertaining to the zamindari) in favour of Mahipal and Sheo Bandhan. On 30th December 1895 Sheobalak and Mt. Ananti who was the. widow of Sheoratan and mother and guardian of Rajit Ram, Bhagwati Prasad and Mt. Atasi executed a usufructuary mortgage of the entire sir lands in favour of Ram Chandra Das for Rs. 140.

3. Under a sale deed dated 20th January 1900 the mortgagees of the zamindari share assigned their rights and interests to Ram Dass, the plaintiff-appellant. On 20th March 1910, Bhikam Chand and Gokul Chand, sons of Ram Chandra Das sold their mortgagee rights in the sir plots together with some other properties to Mahant Anand Gir who was the spiritual preceptor of the defendant Parmanand Gir.

4. The result of the two last-mentioned transactions was that the plaintiff became the assignee of the mortgagee rights in the zamindari and the defendant became the assignee of the mortgagee rights in the sir lands.

5. Sheobalak, Sheoratan and Ranjit Ram having died during the continuance of the joint family, the estate vested in Bhagwati Prasad alone by survivorship. On 2nd June 1913 Bhagwati Prasad sold his equity of redemption in 1 anna 15 gandas zamindari share and also 6 bighas 16 biswas of sir lands to the plaintiff Ram Dass. In consequence of this transaction the rights of the mortgagor and the mortgagee having merged in the same person, Ram Dass became the absolute owner of 1 anna 15 gandas of the zamindari of mouza Tingrahi. He also became the owner of the mortgagor's interest in 6 bighas 16 biswas of sir land which had remained in possession of Mahant Anand Gir by reason of the assignment of the mortgagee rights under the deed dated 30th December 1895.

6. The present suit was commenced by Ram Dass on 24th October 1924 in the Court of the Munsif of Mirzapur and was directed against Mahant Parmanand Gir, the successor-in-title to the estate of Mahant Anand Gir.

7. The plaintiff, as purchaser of the equity of redemption claimed to redeem the mortgage dated 30th December 1895 related to the sir plots. He also claimed Rs. 252 for arrears of rent due from the defendant on the allegation that Bhikam Chand and Gokul Chand had been paying an annual rent of Rs. 28 in respect of the land to the plaintiff and that the payment had been continued by Anand Gir but that no payment had been made since 1322-F corresponding to 1915 A. D. As regards this sum the plaintiff had instituted a suit in the revenue Court against the defendant but the suit was dismissed on the ground that the relation between the parties was not that of landlord and tenant and that the claim for arrears was not therefore cognizable by a Court of revenue.

8. The plaintiff admits that a sum of Rs. 140 is payable to the defendant as the price of redemption but he prays that the said amount be deducted from the sum of Rs. 252 which was due to him and that a decree for the balance be passed in his favour.

9. The suit was contested on the ground that the plaintiff was not entitled to redeem the mortgage or to sue for arrears of rent and that in any case the plaintiff was not entitled to recover arrears for a period of more than three years.

10. Three issues were framed by the Court of first instance and they were decided in favour of the plaintiff. The Court clearly held that the plaintiff was a person having "any interest in or charge upon the right to redeem the property within th