BHUSI RAI Vs. GANESH RAI

JUDGEMENT

(1.) Plaintiff appeals from a decree of the lower appellate Court upholding the decree of the trial Court dismissing his suit based on three mortgages.

(2.) On the 13 of June 1908, the defendant executed in favour of the plaintiff a usufructuary mortgage of his occupancy holding. As it will be necessary to consider the effect of the various clauses of this mortgage in some detail those clauses may be set out concisely.

(3.) Firstly, the defendant executed a usufructuary mortgage in favour of the plaintiff of his occupancy holding.