NARASINGA PATRO Vs. BHAGAVAN SABUTO

JUDGEMENT

(1.) The plaintiff in this Small Cause Suit is a mortgagee who, as defendant in a previous original suit brought by the mortgagor (the defendant in the present Small Cause Suit) for redemption, was directed to give up possession of the mortgaged land which was in his enjoyment as usufructuary mortgagee.

(2.) In so delivering the possession of the land in execution of that redemption decree to the present defendant, the land was delivered with the crops thereon (raised by the plaintiff) on the 1st day of December 1908. :

(3.) The plaintiff s present Small Cause Suit is founded on the contention that according to the real rights of the parties as settled by the previous mortgage-decree, the defendant ought to have been given possession of the land without the standing crops thereon, that the defendant should, therefore, be treated as having illegally misappropriated.