H.D. Ujjwal—This is an application in revision against the decree and judgment of the Additional Commissioner, Jodhpur in a suit for redemption of mortgage. 2. The ancestors of the plaintiffs-applicants mortgaged their share of a well to the! non-applicants in Smt. 1955. The non-applicants redeemed that share in Smt. 1975 by paying Rs. 161/8/- to the mortgagees. The plaintiffs-applicants filed this suit for possession of their mortgaged share. The trial court passed a decree in favour of the plaintiffs-appellants to the effect that their share of the well be redeemed on payment of Rs. 161/8/-as the mortgage money paid to the mortgagees and Rs. 56/8/- as share of the improvements made by the defendants non-applicants. The lower appellate court (Collector) reversed the decree of the trial court and held that the land having remained in possession of the defendants for more than 24 years it could be redeemed without any payment and decreed the suit accordingly. In the second appeal the Additional Commissioner reversed the decree of the first appellate court and restored that of the trial court, so far as payment of the mortgage money was concerned but it did not allow costs of improvements. It is against this decree and judgment of the Additional Commissioner that this revision application has been filed. 3. It is urged by the counsel for the applicant that the learned Additional Commissioner erred in holding that the circular order of the former Jodhpur Government of the year 1915 and provision made in sec. 194 of the Marwar Land Revenue Act had no retrospective effect and in allowing redemption on payment of the mortgage money. 4. Sec. 194 of the Marwar Land Revenue Act runs as follows :— "A lease or mortgage under sec. 192 and sec. 193 when it has remained in force for 24 years shall operate as a full discharge of the debt to obtain or secure the payment of which, the lease or mortgage was executed." 5. This section clearly applied to all existing mortgages in which a period of 24 years had passed and the learned Additional Commissioner had erred in holding that such mortgages could not be redeemed without payment of the mortgage money. This section was not to apply only to mortgages which might be made after the promulgation of this Act. This section clearly applied to all existing mortgages in which a period of 24 years had passed and the learned Additional Commissioner had erred in holding that such mortgages could not be redeemed without payment of the mortgage money. This section was not to apply only to mortgages which might be made after the promulgation of this Act. Similarly the intention of the circular order of 1915 was that all mortgages which were subsisting then should be redeemed if the mortgagee had enjoyed the land for 24 years and more. 6. In this case original mortgage had been redeemed by the non-applicants in Smt. 1975 and the non-applicants had remained in possession of the land and enjoyed its usufruct for about 33 years. According to the provisions of sec. 194 of the Marwar Land Revenue Act, the mortgagor was entitled to get back the mortgaged land without payment of any money and the non-applicants who had stepped into the shoes of the original mortgagee could not claim a better right than the original mortgagees. The mortgage debt should, therefore, be considered to have been discharged and the mortgagee could not claim the mortgage money from the mortgagor. 7. In the circumstances the learned Additional Commissioner had erred in allowing redemption of mortgage and restoration of possession to the mortgagor on payment of the mortgage money. I would, therefore, with the concurrence of my learned colleague, accept the revision application and set aside the decree passed by the learned additional Commissioner and restore that of the Collector. Jai Krit Singh—1 concur.