ORDER

Malik, J. - This revision has been filed against an order of the lower appellate Court dismissing an application u/s 12, Agriculturists' Relief Act. On 18th September 1922, Baladin had executed a mortgage for Rs. 700 in favour of one Jagarnath. Baladin died and his rights came to his three sons, Subhaga, Khunai and Sonai. Mahadeo having purchased the one-fifth share in the property against a decree against Subhaga filed a suit for redemption of the mortgage of 18th September 1922, and redeemed the same and since then he has been in possession of the entire mortgaged property, one-fifth of which he holds as owner and four-fifths as mortgagee. Sonai and his two sons and Khunai, the mortgagor's representatives, filed an application u/s 12, Agriculturists' Relief Act and claimed that the entire amount due from them had been paid off out of the usufruct of the property and the property therefore should be allowed to be redeemed without payment of any sum. The trial Court framed several issues and granted the application on the finding that nothing was due from the plaintiffs to Mahadeo. I may mention here that Mahadeo died during the pendency of the application and he was succeeded