- (1.) This is a revision Under Section 115 Code of Code of Civil Procedure by Bhola Nath Rai and two others, Defendants (they have been wrongly referred to in the revision as Plaintiffs) against the order of the District Judge of Ghazipur, dismissing their appeal and thereby affirming the order of the Civil Judge of Ghazipur passed in a proceeding under See. 12 of the UP Agriculturists' Relief Act (to be referred hereinafter as the Agriculturists' Act).
(2.) Ram Briksh Rai, Plaintiff, who is now represented by his legal representative, Bishwanath Rai and four others, had usufructuarily mortgaged the plots in dispute with the predecessorin title of the present applicants under four different mortgage deeds In 1941 Ram Briksh Rai moved an application under Section 12 of the Agriculturists' Act for redemption of the mortgages and also for possession with the allegation that the mortgages had been satisfied in full. It was, however, held that the profits from the land did not exceed the interest and that the total mortgage money was due. Ram Briksh Rai does not appear to have taken any further step in that proceeding; but in 1950 he moved the present application Under Section 12 of the Agriculturist's Act for redemption of the mortgages with the same allegation that the total mortgage debt was paid up out of the usufruct and nothing was due. This plea found favour with the Civil Judge of Ghazipur and he directed the redemption of the mortgages and ordered the mortgagees to deliver possession on Jeth Sudi 15 of 1952.
(3.) The applicants-mortgagees went up in appeal before the District Judge though unsuccessfully. The District Judge confirmed the order of the Civil Judge holding that the Plaintiff was entitled to possession after redemption of the mortgages without payment of any further sum to the Defendant-mortgagees. At the same time, the Defendants were directed to pay the Plaintiff costs of both the courts.;