KALPU AHIR Vs. MUKAT NATH

JUDGEMENT

(1.) This is an application in revision under Section 115, Civil P.C. It arises out of a proceeding, under Section 12, U.P. Agriculturists Relief Act, instituted by the plaintiff opposite-party for redemption of a usufructuary mortgage and certain deeds of further charge. The plaintiff alleged that the entire debt had been paid up out of the usufruct of the mortgaged property, while the defendants-applicants averred that the mortgage money was still, payable. Therefore, it be-tome necessary to determine the profits which the mortgagees in possession had obtained from the mortgaged property. There was no satisfactory evidence on the record to prove the amount of annual profits.

(2.) The Additional Munsif of Basti, who tried the case, calculated the annual profits on the basis of circle rate-he multiplied five times the circle rate by area of the plot to find out the produce and deducted 25 per cent for the cost of collection. Calculating annual profits in this manner, he found that the entire debt had been satisfied, Accordingly, he allowed redemption without payment of anything.

(3.) On appeal the learned District Judge of Basti approved of the method of calculation of profits adopted by the trial Court.