1. This second appeal, under Section 100 of the Code of Civil Procedure, arises out of the judgment and decree dated 1.9.78 of the Court of Additional District Judge, Neemuch, in Civil First Appeal No. 19-N75, rendered in affirmance of the judgment and decree dated 8/1/76 passed by the Court of Civil Judge, Class II, Jawad in Civil Suit No. 1-A/69 decreeing suit of the respondent plaintiffs for redemption of mortgage.

2. The dispute relates to agricultural lands bearing Survey Nos. 1817, 1818, 1819, 1820, 1822, 1823, 1824, 1825, 1826, 1827,1828, 1829, 1830 & 1841 total area 8.163 Hectres, situated at village Athana, Tehsil Jawad, District Mandsaur. Village Athana was a 'Jagir' village of erstwhile Gwalior State which subsequently stood merged in the State of Madhya Bharat. The lands in suit were held by late Yusuf Ali as tenant of Jagirdar'. The lands were mortgaged by late Yusuf Ali by way of usufructuary mortgage with Shankarlal, the father of respondent Nos. 1 to 3 and husband of respondent No.4, under an un-registered mortgage deed dated 25.6.1929 for a loan of Rs. 392/-. The mortgage was for a fixed term of 9 years and it was agreed that after the expiry of the said period of 9 years, the mortgagor would be entitled to redeem the lands on payment of loan in lump sum. It is not disputed that since 25.6.1929 the lands are in possession of late Shankarlal and after his death the appellants.

3. Late Yusuf Ali served a notice on Shankarlal in 1944 seeking redemption of the suit lands. He thereafter filed a suit for redemption u/S. 275 of the Qanoon Mal Gwalior in Tehsil Court which, however, dismissed the suit on 31.8.45 on the ground that since the mortgage deed is not registered the suit is not maintainable u/S. 275 of Qanoon Mal Gwalior. Yusuf Ali died in the year 1959 and whereupon names of present respondent plaintiffs were mutated in village revenue papers in respect of the suit lands notwithstanding the objection raised by late Shankarlal. The plaintiffs again on 27.7.60 served a notice on late Shankarlal which was replied to by the latter on 13.8.60 denying former's claim for redemption on the ground of limitation. Shankarlal also died sometime in the year 1965. The plaintiffs thereafter brought the present suit against the appellant defendants the heirs of Shankarlal for redemption and possession of the mortgage property. The suit was resisted on various grounds and it was averred that the mortgage in question was illegal for want of registration and no suit for redemption of such an illegal mortgage is maintainable. It was further averred that the defendants have perfected their title to the suit land by adverse possession and that the suit is barred by limitation. The two Courts below have negatived all the pleas raised by the defendants and decreed the suit, thus giving rise to this second appeal.

4. This appeal has been admitted on following substantial questions of law :

1. Whether the suit is not maintainable as the mortgagor was not personally cultivating the suit lands on 4.12.1952 when Jagirs were abolished under the Madhya Bharat Abolition of Jagirs Act and consequently lost all his rights and interest in the lands from that date ?

2. Whether it is rightly held that a valid mortgage came into existence by possession under an unregistered mortgage for 12 years?

5. An additional question of law as stated below is also raised by the appellants by their application I.A. No. 2380/97 made under the proviso to Sec. 100 of CPC and the same is being disposed of by this judgment.

3. Whether in the facts and circumstances of this case the Court below erred in holding that the plaintiffs' suit was not barred by limitation?

6. I have heard Shri S.D. Sanghi, learned Sr. Counsel appearing with Shri Iqbal Hussain for the appellants and Shri V.M. Rege; learned counsel for respondents.

7. Taking the second question first, as already stated the mortgage in question was unregistered while the Gwalior Registration Act r