JUDGMENT

TULZAPURKAR, J.:—The short question involved in this appeal is whether upon redemption of a usufructuary mortgage a tenant-mortgagee could be directed to deliver actual or physical possession of the mortgaged property to the lessor-mortgagor? By reason of the grant of a limited special leave the appeal has been confined to that question.

2. Facts relevant to the question may be stated : One Behara Audinarayana Patro, the original owner of suit property executed two usufructuary mortgage deeds dated 30-8-1939 and 25-8-1942 in favour of the first defendant Sambangi Thavitinaidu, who was then a sitting tenant of that property. In 1951 the mortgagor filed a suit for redemption of the mortgages and obtained a preliminary decree on 31-12-1952. Subsequently, the mortgagor died and the respondents were brought on the record as his legal representatives. On 21-10-1963 the respondents filed an application for passing a final decree by way of ascertainment of the amount due and for delivery of possession upon deposit of entire dues so ascertained. The application was resisted by the first defendant and other defendants (the appellants before us) on several grounds. Inter alia the appe