RAM KHILAWAN Vs. BANSHI

JUDGEMENT

(1.) THIS appeal arises out of a suit for ejectment under Sec tion 202 of the U. P. Zamindari Abolition and Land Reforms Act on the footing that the defendant appellant was an asami.

(2.) THE plaintiff alleged that the an cestors had usufructuarily mortgaged the plots in dispute with the ancestors of the defen dants under a document dated 21st July, 1869 for a sum of Rs. 50/-. The plaintiff wanted to reclaim possession and to that end he deposited the mortgage money of Rs. 50/- in court. The principal defence was that on the expiry of sixty years' period from the date of mortgage the same came to end and, there fore, the plaintiff could not claim the equity of redemption. The status of the defendants changed thereafter to hereditary tenants. Hence, they were not liable to be ejected as asamis.

(3.) THE principal plea raised before us Was that the usufructuary mortgage dated 21st July, 1969 was a valid transaction to which Art. 148 of the Limitation Act applied and, as such, after the expiry of sixty years' period the equity of redemption extinguish ed and the relationship of mortgagor and mortgagee came to an end. The plaintiff hence could not sue on the footing that the defendant were still mortgagees in posses-lion.