Judgement

BACHAWAT, J. : On April 19, 1951, the plaintiff-appellant instituted a suit in the Court of the Second Joint Civil Judge, Junior Division at Bagalkot, for possession of the suit properties or redemption of a mortgage and the taking of accounts on the allegation that defendant No. 1 was the usufructuary mortgagee under a mortgage deed dated - June 28, 1945 (Ex. 43). The defendants pleaded that the transaction of June 28, 1945 was an advance lease and not a mortgage, and they were protected tenants within the meaning of the Bombay Tenancy and Agricultural Lands Act, 1948 (Bombay Act LXVII of 1948) hereinafter referred to as the Act. On March 4, 1953, the trial Court passed the following decree:

"10. (A) The deed Exhibit 43 is a composite document comprising of a mortgage and a lease. On taking accounts of the mortgage debt, it is found that plaintiff owed nothing to the defendants on the date of suit. The mortgage stands fully redeemed.

(B) The plaintiff is at liberty to seek his remedy for possession of the suit lands in the Revenue Courts.

(C) The plaintiff shall recover half the costs of the suit from the defendants and the defendants shall bear their own.

On April 15, 19