SHRI THAKURJI MAHRAJ THAKUR DWARA Vs. JANGOO SINGH

JUDGEMENT

(1.) This application arises out of the appellate decree of Mr. Ekbal Hussain, Civil Judge, Hardoi, dated 18th September 1944.

(2.) The opposite parties applied under Section 12, Agriculturists' Relief Act for redemption of a mortgage executed by their predecessor-in-interest in favour of the predecessor-in-interest of the applicant. This mortgage was executed in 1908 for Rs. 1900 and possession was given to the mortgagee in 1909. The opposite parties alleging that the mortgagee in possession had been paid off entirely by the usufruct of the property, sought to redeem it without paying anything. The only question in dispute was the amount of realisation made by the mortgagee while in possession right upto the date of the application. The trial Court came to the conclusion that Rs. 1243-1-0 were due. The mortgagors went up in appeal and urged that in certain specified years the income actually derived by the mortgagee was Rs. 156 a year and not the amount shown in the mortgagee's account books. This contention prevailed and the learned lower appellate Court found that only Rs. 57-5-0 were due.

(3.) In this revision it has been urged that the learned lower appellate Court was not right in the method of calculation adopted by it so far as the profits are concerned and that the Court below was also wrong in not allowing him 10 per cent. as costs of collections. I have beared the learned counsel for the parties and I am satisfied that this application must be dismissed.