JUDGMENT

1. In our opinion the decision of the Court below refusing to decree the plaintiff's claim for redemption is erroneous. A mortgage was made on the 17th of February 1895 in the form of a zarpeshgi lease in favour of Muhammad Siddiq. The mortgagee paid a portion of the zarpeshgi money and took possession of three of the mortgaged villages, namely, Imamnagar Rahmatpur and Bhasaura Khurd. The mortgage was in respect of the whole of Imamnagar and shares in the other two villages, The present suit is one for redemption of the three villages and it is alleged that the mortgage money has been discharged by the usufruct.

2. The Court below has dismissed the suit on the ground that the plaintiff's right of redemption in regard to all the three villages has become extinct. As regards Imamnagar the Court finds that a 2/5ths share has already been sold and the plaintiff doe's not own that share. As regards the remaining 3/5ths the learned Subordinate Judge was of opinion that the plaintiff's right of redemption had become extinct because a final decree for sale had been obtained by another mortgagee and that the said decree was in the course of execution in the Collector's Court. As for