JUDGMENT

Jagdish Sahai, J. - This second appeal has come to us on a reference made by our brother S.N. Singh. The relevant facts giving rise to this second appeal are:

Tej Singh, the father of the Respondent No. 1 Rukum Pal Singh, owned certain zamindari property and groves. He also held certain sir and khudkasht plots. Tej Singh mortgaged his zamindari share, sir and khudkasht plots, as also some groves with Khet Pal Paliwal, adoptive father of the Appellant Mewa Lai. Some time, thereafter, Khet Pal died. Mewa Lal filed a suit on the basis of the mortgage aforesaid against Tej Singh. The suit was decreed and the decree was transferred to the Collector for execution. The Collector granted Mewa Lal, u/s 17 of the UP Debt Redemption Act, a self liquidating usufructuary mortgage for a certain period. Mewa Lal obtained possession over the zamindari share, the sir and khudkasht plots and the groves, on the basis of the order granting self-liquidating usufructuary mortgage to him. In July 1952, the UP ZA and LR Act (hereinafter referred to as the Act) came into force. In 1953, Rukum Pal Singh, the Plaintiff-Respondent, filed Suit No. 53 of 1953 in the court of the Civil Judge, Farrukhabad